1Ulpianus, On the Edict of the Prætor, Book VI. A prevaricator is a person who takes both sides, and assists the adverse party by the betrayal of his own case. This term, Labeo says, is derived from a varying contest, for he acts in this manner who, apparently being on one side, actually favors the other. 1A prevaricator, properly so called, is one who appears as accuser in a criminal prosecution. An advocate, however, is not correctly said to be a prevaricator. What then should be done with him if he should be guilty of this offence, in either a private or a public proceeding, that is to say, if he has betrayed his own side? It is usual for him to be punished arbitrarily.

2Ulpianus, On the Duties of Proconsul, Book IX. It should be remembered that, at present, those who are guilty of this offence are punished with an arbitrary penalty.

3Macer, Public Prosecutions, Book I. The judgment for prevarication is either public or introduced by custom. 1If the defendant opposes the prosecutor in a criminal case, alleging that he already has been accused of the same crime by another and acquitted, it is provided by the Julian Law relating to public prosecutions that he cannot be prosecuted until the crime charged by the first accuser and the judgment rendered with reference to it have been investigated. Therefore, the decision of cases of this kind is understood to belong to the category of public prosecutions. 2Where the crime of prevarication is said to have been committed by an advocate, a public prosecution cannot be instituted; and it makes no difference whether he is said to have committed it in a public or a private proceeding. 3Therefore if anyone is accused of having abandoned a public prosecution, the case will not be public, because no provision was made for this by any law; and a public accusation is not authorized by that decree of the Senate which prescribes the penalty of five pounds of gold against anyone who abandons a case.

4The Same, Public Prosecutions, Book II. If a person against whom an action for slander cannot be brought is convicted of being a prevaricator in a criminal case, he will become infamous.

5Venuleius Saturninus, Public Prosecutions, Book II. An accuser convicted of prevarication cannot afterwards bring an accusation under the law.

6Paulus, On Public Prosecutions. It was stated in a Rescript by our Emperor and his Father that, in the case of crimes which are opposed as being extraordinary, prevaricators shall be punished with the same penalty to which they would have been liable, if they themselves had violated the law by which the defendant was acquitted through their treacherous instrumentality.

7Ulpianus, On Taxes, Book IV. In all cases except those in which the shedding of blood is involved, anyone who corrupts the informer is considered as convicted, according to the Decree of the Senate.