[PAULUS libro quarto ad Sabinum. ] §33.9.4.prNam quod liquidae materiae sit quia per se esse non potest, rapit secum in accessionis locum id sine quo esse non potest: uasa autem accessio legatae penus, non legata sunt: denique penu consumpta uasa non debentur.
[PAULUS in the fourth book on Sabinus.] For that which is of a liquid substance, because it cannot exist by itself, draws with itself into the place of an accession that without which it cannot exist. But vessels are an accession to a bequeathed legacy of provisions, and are not themselves bequeathed; consequently, when the provisions are consumed, the vessels are not due.
sed et si penum cum uasis specialiter sit legatum, uasa non debebuntur uel consumpta penu uel adempta.
But even if provisions have been specially bequeathed with vessels, the vessels will not be due either if the provisions have been consumed or revoked.
§33.9.4.1Si cui quae in promptuario sint legata fuerint, non omnis penus legata est.
If there should be bequeathed to anyone the things which are in a pantry, not all provisions are bequeathed.
§33.9.4.2Item si quis solitus fructus suos uendere penum legauerit, non omnia, quae so et promercii causa habuit, legasse uidetur, sed ea sola, quae in penum sibi separabat.
Likewise, if anyone who was accustomed to sell his produce has bequeathed provisions, he is not considered to have bequeathed all things which he kept for the purpose of trade, but only those which he used to set apart for himself as provisions.
quod si promiscue uti solebat, tunc quantum ad annuum usum ei sufficeret familiaeque eius ceterorumque, qui circa eum sunt, legato cedet: quod fere, inquit Sabinus, euenit in personis mercatorum aut quotiens cella est olei et uini, quae uenire solebant, in hereditate relicta.
But if he was accustomed to use them indiscriminately, then as much as would suffice for a year's use for him, his family, and others who are about him, will belong to the legacy; which, Sabinus says, generally happens in the case of merchants, or whenever a store of oil and wine, which were accustomed to be sold, is left in an inheritance.
§33.9.4.3Nomen autem penus mihi traditum est omnibus generibus dictum.
Moreover, the word penus has been handed down to me as being used in all genders.
§33.9.4.4Si ita legetur 'penum, quae Romae sit', utrum quae est intra continentia, legata uidetur an uero ea sola, quae est intra murum? et quidem urbes fere omnes muro tenus finiri, Romam continentibus, et urbem Romam aeque continentibus.
If a legacy is made in this way, "the provisions which are in Rome," is that which is within the contiguous buildings considered to be bequeathed, or indeed only that which is within the wall? And indeed, almost all other cities are bounded by their wall, but Rome by its contiguous buildings, and the city of Rome equally by its contiguous buildings.
§33.9.4.5Quod si urbana penus sit legata, omnem, quae ubique est, legatam uideri Labeo ait, etiam si in uillis agrisue sit, si illa sit urbico usui destinata, sicuti urbica ministeria dicimus et quae extra urbem nobis ministrare consueuerunt.
But if "urban provisions" have been bequeathed, Labeo says that all of them, wherever they may be, are considered to be bequeathed, even if they are in villas or in the fields, provided they are destined for urban use, just as we speak of "urban slaves" even if they are accustomed to serve us outside the city.
si autem extra urbem, Romae tamen sit, sed et si in hortis sit urbi iunctis, idem erit dicendum.
But if they are outside the city, yet in Rome, or even if they are in gardens adjoining the city, the same must be said.
§33.9.4.6Si cui penus legata sit praeter uinum, omnis penus legata uidetur excepto uino: sed si ita scriptum sit 'omnem penum praeter uinum quod Romae erit', sola penus quae Romae est legata uidetur: et ita et Pomponius libro sexto ad Sabinum scribit.
If provisions are bequeathed to anyone except wine, all provisions except wine are considered to be bequeathed; but if it is written thus, "all provisions except the wine which shall be in Rome," only the provisions which are in Rome are considered to be bequeathed; and Pomponius also writes thus in his sixth book on Sabinus.