[ULPIANUS libro uicesimo tertio ad Sabinum. ] §33.6.9.prSi quis uinum legauerit, omne continetur, quod ex uinea natum uinum permansit.
If anyone has bequeathed wine, everything is included which, having been produced from a vineyard, has remained wine.
sed si mulsum sit factum, uini appellatione non continebitur proprie, nisi forte pater familias etiam de hoc sensit.
But if mulsum (honey wine) has been made, it will not, strictly speaking, be included under the term "wine", unless perhaps the head of the household (pater familias) intended this as well.
certe zythum, quod in quibusdam prouinciis ex tritico uel ex hordeo uel ex pane conficitur, non continebitur: simili modo nec camum nec ceruesia continebitur nec hydromeli.
Certainly, zythum (beer), which in certain provinces is made from wheat or barley or bread, will not be included. In like manner, neither camum nor beer (ceruesia) nor mead (hydromeli) will be included.
quid conditum? nec hoc puto, nisi alia mens testantis fuit.
What of spiced wine (conditum)? I do not think this is included either, unless the intention of the testator was otherwise.
oenomeli plane id est dulcissimum uinum continebitur: et passum, nisi contraria sit mens, continebitur: defrutum non continebitur, quod potius conditurae loco fuit.
Clearly, oenomeli, that is, a very sweet wine, will be included. And passum (raisin wine), unless there is a contrary intention, will be included. Defrutum (concentrated must) will not be included, because it served rather in the place of a seasoning.
acinaticium plane uino continebitur.
Clearly, acinaticium (raisin wine) will be included in wine.
cydoneum et si qua alia sunt, quae non ex uinea fiunt, uini appellatione non continebuntur.
Quince wine (cydoneum) and any other things which are not made from a vineyard will not be included under the term "wine".
item acetum uini appellatione non continebitur.
Likewise, vinegar (acetum) will not be included under the term "wine".
haec omnia ita demum uini nomine non continentur, si modo uini numero a testatore non sunt habita: alioquin Sabinus scribit omnia uini appellatione contineri, quae uini numero pater familias habuit: igitur et acetum, quod uini numero pater familias habuit, et zythum et camum et cetera, quae pro hominum affectione atque usu uini numero habebuntur.
All these things are excluded from the name of "wine" only if they were not regarded by the testator as belonging to the category of wine. Otherwise, Sabinus writes that everything which the head of the household regarded as belonging to the category of wine is included under the term "wine". Therefore, this applies both to vinegar which the head of the household regarded as belonging to the category of wine, and to zythum, camum, and other things which, according to the preferences and habits of individuals, will be regarded as belonging to the category of wine.
quod si totum uinum, quod pater familias habuit, coacuit, non exstinguitur legatum.
But if all the wine which the head of the household had has turned sour, the legacy is not extinguished.
§33.6.9.1Si acetum quis legauerit, non continebitur legato acetum quod uini numero testator habuit: embamma autem continebitur, quia aceti numero fuit.
If anyone has bequeathed vinegar, the vinegar which the testator regarded as belonging to the category of wine will not be included in the legacy. But embamma (sauce/relish) will be included, because it belonged to the category of vinegar.
§33.6.9.2Item si quis uinum quod habuit legauit, deinde hoc coacuit, licet postea in aceti locum translatum sit a patre familias, uino legato continebitur, quia id, quod testamenti facti tempore uinum fuit, demonstratum est: et est hoc uerum, nisi uoluntas aduersetur.
Likewise, if anyone has bequeathed the wine which he had, and this afterwards turned sour, even if it was subsequently transferred by the head of the household to the place of vinegar, it will be included in the legacy of wine, because that which was wine at the time the will was made was specified; and this is true, unless the intention is to the contrary.
§33.6.9.3Uino autem paterno legato id demum legatum uidetur, quod testator uini numero habuit, non quod pater.
But when "father's wine" (uinum paternum) has been bequeathed, only that which the testator himself regarded as belonging to the category of wine is deemed to be bequeathed, not what his father so regarded.
item si peculiare uinum legatum sit, id continebitur, quod serui habuerunt.
Likewise, if wine belonging to a peculium has been bequeathed, that which the slaves held will be included.
cur tam diuerse? quod paternum uinum iam coepit usus ipsius testatoris esse, at peculiare in usu seruorum remansit.
Why is there such a difference? Because the "father's wine" had already begun to be for the use of the testator himself, whereas the wine of the peculium remained for the use of the slaves.
§33.6.9.4Item si uinum uetus sit legatum,
Likewise, if old wine has been bequeathed,