Theses iuridicae et inaugurales de appellationibus

They acknowledge a superior; except for those to whom the sum of matters and judgments has been committed by a special concession of the Prince: such as the Prefect of the Praetorium a high Roman imperial official, and the Senate, which has the power of enacting Law and represents the Prince.

XI.

From the sentence of an arbiter, who is also called a compromise judge, because one must obey him on account of the penalty, one cannot provoke. Although, when the verdict contains manifest injustice in itself, an exception of fraud against the arbiter is given, which some not incorrectly wish to be a species of appeal.

XII.

Among the judges from whom an appeal is given, he who is a mere executor does not have a place, provided he keeps himself within the bounds of the sentence. For one is prohibited from appealing from an execution, because it is a matter of fact.

XIII.

Furthermore, let us see to which judges one must appeal. And it is established from the definition that the higher judges must be provoked.

XIV.

Whence, he who provokes to a lesser judge accomplishes nothing. But if he provokes to an equal or a greater one, even if he erred, the appeal is valid. However, the one who was named does not take cognizance of the appeal, but rather the one to whom it should have been appealed.

XV.

It is necessary that the provocation be made step-by-step.