ON APPEALS

THESIS I.

Decorative initial letter A
It can be demonstrated by many arguments that the appeal was introduced not by laws or statutes, but from natural equity, and has been confirmed by very long usage.

II.

Its use is as ancient as it is most necessary, and for this reason, it is not undeservedly most frequent in all judgments. For through it (as Ulpian Roman jurist says) the injustice or inexperience of judges is corrected.

III.

The definition of an appeal in this matter is established thus: that it is a provocation made step-by-step from the sentence of a lower judge to a higher one, by reason of a grievance.

IV.

By "sentence" in this definition, I understand not only that which is a judicial definition and properly called a sentence, but I also include decrees and extrajudicial acts.

V.

Hence, I also posit two species of appeal: Judicial and Extrajudicial. I reject the divisions of the Interpreters, some of whom invent three, others four species, according to the diversity of the times in which they are interposed.