Ulpianus, On Appeals, Book IV. It must be remembered that the party who appeals should not abuse him from whom he appeals, for if he does, he shall be punished. This was stated by the Divine Brothers in a Rescript.

Ulpianus, On Appeals, Book IV. It is sufficient for him whose appeal is not received merely to state this fact, and in whatever way he does so, his appeal will be admitted. 1When an appeal is not received, and it becomes necessary to appeal to the Emperor, a petition should be presented to him. If, howr ever, an appeal should be taken to anyone but the Emperor, the former must be applied to. 2Where, after the appeal has been received, any impediment is interposed, he must be applied to before whom the litigant wishes to bring the appeal. 3It is clear that if the appeal should not be received, and the appellant did not apply to the proper official, but to the Emperor, it will be the same as if he had gone before the magistrate whom he should have applied to; and this is stated in different Rescripts of our Emperor Antoninus. 4It is also evident that if a party litigant has appealed to one magistrate instead of another, and not to the Emperor, this mistake will be of no advantage to him, although he will not be considered to have failed to appeal. 5During the time prescribed for taking an appeal, the party whose appeal was not accepted can either apply to a competent judge, or to the Emperor.

Ulpianus, On Appeals, Book IV. After an appeal has been interposed, whether it is received or not, nothing must be altered in the meantime, if the appeal is received, for this reason; but if it is not received, in order that nothing may be prejudiced while it is being decided, whether the appeal should be received or not. 1If the appeal is received, no change shall be made until a decision has been rendered with reference to the appeal. 2If anyone should happen to be relegated, and takes an appeal, he will not be restricted to Italy, nor to any single province to which he may have been relegated. 3For the same reason, if anyone has been deported, or notified by a magistrate who has a right to deport him, he shall not be put in chains, nor shall he be subjected to any of the severe treatment which those are liable who do not acquiesce in a decision; for his condition is considered to remain unimpaired after the appeal has been interposed. 4Therefore, if he has been ordered to withdraw from his order, and he appeals, for the same reason he can attend its meetings; as it has been decided, and is a rule of law, that no further steps can be taken while an appeal is pending. 5When anyone is convicted of several crimes, and has appealed on account of some of them, but not on account of others, the question arises whether his punishment should be postponed, or not. If the appeal was taken on account of the more serious crimes, but he did not appeal for those which were less serious, the appeal should by all means be received, and the punishment deferred. Where, however, he deserves a heavier sentence for offences on account of which he did not appeal, the penalty must certainly be imposed.

Ulpianus, Appeals, Book IV. It is frequently asked whether the reasons for an appeal can be stated by another person, and this point is usually discussed in pecuniary and criminal cases. It is established by Rescripts that this can be done in pecuniary cases. The terms of one Rescript are as follows: “The Divine Brothers, to Longinus. If he who appealed directed you to defend him against the appeal which Pollia took against him, and the case is a pecuniary one, there is nothing to prevent you from answering in his name. If, however, the case is not a pecuniary one, but one involving the punishment of death, it is not permitted to proceed by an attorney. But if it is one in which a penalty as serious as relegation can be enforced, it is not necessary to act by another, but it should be noted that the party himself must appear in court.” It is clear that if the case is a pecuniary one, from which infamy may result, it can be conducted by means of an attorney. This opinion should be adopted, not only if the accuser should appeal, but also with reference to him against whom the appeal was taken; and, generally speaking, an appeal cannot be taken by another in any case where one person cannot appear by another.

Ulpianus, On Appeals, Book IV. He who appeals must be defended in his own province, in all other cases of his own, even though he may be absent for the purpose of conducting his appeal. This the Divine Brothers stated in a Rescript addressed to Decimus Philo.

Ulpianus, On Appeals, Book IV. When anyone has appealed from a judge in one case, and is compelled to have the same judge preside in another, let us see what course must be pursued. It is the law, at present, that even though an appeal has been taken, the party will still be required to appear before the same judge from whom he has appealed, and conduct other cases if he has any; nor can he avail himself of the pretext that he should not try them before a judge who may be hostile to him, as he can appeal again.