A quibus appellari non licet
(From what persons it is not permitted to appeal.)
1 Ulpianus libro primo de appellationibus. Tractandum est, a quibus appellare non liceat. 1Et quidem stultum est illud admonere a principe appellare fas non esse, cum ipse sit qui provocatur. 2Sciendum est appellari a senatu non posse principem, idque oratione divi Hadriani effectum. 3Si quis ante sententiam professus fuerit se a iudice non provocaturum, indubitate provocandi auxilium perdidit. 4Interdum imperator ita solet iudicem dare, ne liceret ab eo provocare, ut scio saepissime a divo Marco iudices datos. an et alius possit ita iudicem dare, videbimus: et puto non posse.
1 Ulpianus, On the Edict, Book I. Inquiry should be made from whom it is not lawful to appeal. 1And, indeed, it would be foolish to warn anyone that it is not lawful to appeal from the Emperor, since he himself is the one to whom the appeal is made. 2It should be remembered that an appeal cannot be taken from the Senate to the Emperor; and this was established by an address of the Divine Hadrian. 3If anyone, before judgment has been rendered, should assert that he will not appeal from the decision of the judge, he unquestionably loses the benefit of the appeal. 4Sometimes the Emperor appoints a judge with the understanding that an appeal cannot be taken from his decision; for I know that judges have very frequently been appointed in this manner by the Divine Marcus. Let us see whether anyone else can appoint a judge in this way. I do not think that he can do so.
2 Paulus libro singulari de appellationibus. Quaesitum est, in arbitros, qui ad fideiussores probandos dantur, an appellare liceat: quamvis hoc casu et sine appellatione quidam putent ab eo, qui eum dedit, sententiam eius corrigi posse.
2 Paulus, On Appeals, Book I. The question was asked whether an appeal can be taken against arbitrators, who are appointed for the purpose of accepting sureties. Although several authorities hold that, in this case, even without an appeal, the decision can be amended by the person who rendered it.