A free man shall not be fined for a small offence, except in proportion to the gravity of the offence; and for a great offence he shall be fined in proportion to the magnitude of the offence, saving his freehold; and a merchant in the same way, saving his merchandise; and the villain shall be fined in the same way, saving his wainage
, if he shall be at our [i.e., King's] mercy; and none of the above fines shall be imposed except by the oaths of honest men of the neighborhood....29
So if a man is fined, it should not entail the removal of the tools of his livelihood, "his wainage
" (his cart), and when fines are set they should be set by "men of the vicinity, honest and lawful." Several pages later (Cantos, 773), Pound will allude to the origin of the jury system ("decemvirale collegium"), noting that the charter renews provision for a system of assizes, "a circuit of perambulation" which half-rhymes with the "periplum" of The Cantos and which is meant to ensure that those summoned to court will not have to be absent from their work to attend hearings in London.