[ULPIANUS libro quarto de appellationibus. ] §49.7.1.prAppellatione interposita, siue ea recepta sit siue non, medio tempore nihil nouari oportet: si quidem fuerit recepta appellatio, quia recepta est: si uero non est recepta, ne praeiudicium fiat, quoad deliberetur, utrum recipienda sit appellatio an non sit.
[ULPIAN, On Appeals, Book IV] After an appeal has been interposed, whether it has been accepted or not, in the meantime nothing ought to be innovated: if indeed the appeal has been accepted, because it has been accepted; but if it has not been accepted, lest a prejudgment be made, until it is deliberated whether the appeal should be accepted or not.
§49.7.1.1Recepta autem appellatione tamdiu nihil erit innouandum, quamdiu de appellatione fuerit pronuntiatum.
Moreover, once the appeal has been accepted, nothing shall be innovated for so long as until judgment has been pronounced concerning the appeal.
§49.7.1.2Si quis ergo forte relegatus fuit et appellauerit, non arcebitur neque in Italia neque in prouincia, qua relegatus est.
Therefore, if anyone happens to have been relegated and has appealed, he shall not be excluded either from Italy or from the province from which he was relegated.
§49.7.1.3Propter eandem rationem et si quis deportatus fuit ab eo, cui deportandi ius est, uel adnotatus, neque uincula patietur neque ullam aliam iniuriam, quam patitur, qui sententiae non adquieuerat: integer enim status esse uidetur prouocatione interposita.
For the same reason, even if someone has been deported by one who has the right of deporting, or has been noted down, he shall neither suffer bonds nor any other injury such as is suffered by one who had not acquiesced in the sentence; for his status is deemed to be unimpaired once the appeal has been interposed.
§49.7.1.4Ergo et si abstinere ordine iussus sit et prouocauerit, eadem ratione potest coetum participare, cum hoc sit constitutum et sit iuris, ne quid pendente appellatione nouetur.
Therefore, even if he has been ordered to abstain from his order and has appealed, for the same reason he can participate in the assembly, since this has been established and is the law, that nothing is to be innovated while an appeal is pending.
§49.7.1.5Si quis ex pluribus facinoribus condemnatus propter quaedam appellauit, propter quaedam non: utrum differenda poena eius sit an non, quaeritur.
If anyone, having been condemned for several crimes, has appealed on account of some, but not on account of others, it is asked whether his punishment ought to be deferred or not.
et si quidem grauiora sint crimina, ob quae appellatio interposita est, leuius autem id, propter quod non appellauit, recipienda est omnimodo appellatio et differenda poena: si uero grauiorem sententiam meruit ex ea specie, ex qua non est appellatum, omnimodo poena inponenda est.
And if indeed the crimes on account of which the appeal was interposed are more serious, while that on account of which he did not appeal is lighter, the appeal must by all means be accepted and the punishment deferred; but if he deserved a more severe sentence from that category from which no appeal was made, the punishment must by all means be imposed.