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Howe comminge to combat it behoueth
the Challinger to decleare somme presump:
tions of that wherwth he chardgeth
th defender.

Ca. 5.

It is discreetlye to be considered that before a man
commeth to combat vppon lyfe and deathe, the challengr
ought necessarilie to haue aucthoritie wherby to pro:
voke his ennemye, and therfore shall shewe somme prsump:
tions, token or coniectures of the offence committed, & where:
vppon he intendeth to fighte, to th ende he maye iustlie
come to battle, because only vppon informacion of the
challenger and the accusation, they shall not proceede, for
that suche combatt, sholde seme a mannor of Torture
iudiciall, and before yt the Iudge maye proceede against
any mysdoer, he ought first to enquire, of the life of the
offendor, and after consider the faulte wherin he is accused
and wth diligence to see vnderstande and examine the
qualitie therof, And yf in such examinacion, he findeth
cause of coniecture, wheruppon to minister tor:
ture, that then he oughte to doe it. Wherfore manifest
presumptions ought to be againste him, that is defamed,
and those to be shewed by the defamour. So as yf neither
apparannt innocencye nor manifest offence be to be founde in
him that is challenged Then maye the same iustlie be
tried by force of armes, till eyther the one or the other
confesseth or denieth the matter, and this is the lawe of
Lombardie, and Frederigo the Emperor Andrea of
Sergma Baldo of Perugia therto assentinge.