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The Digest of Justinian

§3.3.38.pr

Prohibition of Improper Division of Defense

Ulpian explains that an improper division of defense, such as two defenders offering to defend five each against a claim of ten, must not be allowed.

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[IDEM libro quadragensimo ad edictum.]

[THE SAME in the fortieth book on the Edict.]

§3.3.38.pr

​Non tamen eo usque procedendum erit, ut,1 si decem petantur et exstant duo defensores parati in quina2 defendere, audiantur.

​However, we must not go so far as to allow them to be heard, if ten are claimed and two defenders present themselves ready to defend for five each.

Syntax notes2 items
  1. 3.3.38.prprocedendum erit, ut

    The impersonal gerundive (procedendum erit) is followed by the adverbial phrase of degree 'eo usque' and the corresponding 'ut' clause with the subjunctive 'audiantur'. It means 'we must not proceed to such an extent that they are heard'.

  2. 3.3.38.prquina

    The neuter plural accusative of the distributive numeral 'quini, ae, a'. Used with the preposition 'in', it means 'for five each', indicating that the claim of ten (decem) is split into five for each of the two defenders.

Translated by Gemini 3.5 Flash (published 2026-07-12)urn:cts:latinLit:phi2806.phi002.humanitext-lat1:3.3.38.pr