[ULPIANUS libro secundo de appellationibus. ] §49.1.6.prNon tantum ei, qui ad supplicium ducitur, prouocare permittitur, uerum alii quoque nomine eius, non tantum si ille mandauerit, uerum quisquis alius prouocare uoluerit.
[ULPIAN, from the second book on appeals.] Not only is it permitted for him who is being led to execution to appeal, but also for another in his name, not only if he has given a mandate, but whoever else wishes to appeal.
neque distinguitur, utrum necessarius eius sit nec ne: credo enim humanitatis ratione omnem prouocantem audiri debere.
And no distinction is made as to whether he is a relative of his or not; for I believe that by reason of humanity everyone who appeals ought to be heard.
ergo et si ipse adquiescit sententiae: nec quaerimus, cuius intersit.
Therefore, [to appeal is permitted] even if he himself acquiesces in the sentence; nor do we inquire whose interest is at stake.
quid ergo, si resistat qui damnatus est aduersus prouocationem, nec uelit admitti eius appellationem perire festinans? adhuc putem differendum supplicium.
What then, if he who has been condemned resists the appeal and, hastening to perish, does not wish his appeal to be admitted? Still, I would think that the execution should be postponed.