What an appeal is.

An appeal (to begin with the definition) is a referral from a lesser to a greater, and through it, once it has been lawfully lodged and pronounced, the jurisdiction of the judge with respect to that cause is suspended, and his hearing and examination of it is transferred to a superior. Moreover, there are two different types of appeal: judicial and extrajudicial.

Of a judicial appeal.

An appeal is judicial when it is referred in the judgment to a higher judge, either from a final sentence, or an interlocutory sentence, or grievances which were inflicted on the parties at some point during the trial, and when the appeal is from the final sentence it is enough to have said: ‘I appeal against this unjust sentence5, but when it is referred from an interlocutory sentence or from some grievance, a reason must always be given which is true, just and specific. And if we wish to speak properly, there is no appeal except in the judgment, and what is done outside the judgment could be called a referral.

Of an extrajudicial appeal.

An extrajudicial appeal is the referral of a present or foreseeably future grievance to a superior, before it comes to judgment, in which a probable and likely reason must be indicated. I f that has been given, the cause is transferred to a higher judge. And nothing can be attempted by the judge from whom it has been appealed in prejudice to the appellant, while an appeal of this kind is pending.

Appellare licet etiam in [actis causis], extraiudicialibus.

In actis extraiudicialibus appellare licet, ut ab electionibus, postulationibus, provisionibus, et ceteris huiusmodi. Sed interponere oportet appellationem infra dies decern a notitia, qua quis gravali se intellexit. Nam elapsis decern diebus, per viam appellationis non amplius audietur: sed per alia remedia iuris petere poterit, ut [in] integrum restituatur et revocetur gravamen.

Quae sit vis appellationis extraiudicialis.

Appellatio extraiudicialis, si interponatur ex probabilibus et verisimilibus causis, adeo devolvit causam ad superiorem, ut actus gestus contra earn sit nullus. Unde si quis appellaverit, ne [in] possessione molestetur, cum se molestandum verisimiliter suspicetur, [214v] si ea spoliatur, restituita ante omnia in statum, in quo erat tempore appellationis emissae.