Page:The Complete Peerage Ed 2 Vol 4.djvu/676

6;: APPENDIX H So also the third penny of the pleas of the county (and the third penny of the town) of Warwick was annexed to the manor of Cotes, co. Warwick, which was held by Earl Edwin T.R.E. : Hec terra cum burgo (■) de Warwic et tertio denario placitorum sire ^cC*) Other instances are to be found in Domesday of the third penny of certain hundreds being annexed to manors held by Earls. ("=) Domesday Book was compiled in 1086. If Liebermann is correct in giving the date of 1 1 10 to the Institutio Cnuti,() this would seem to contain the next reference to the third penny. Here the earl is credited with the third penny of the market towns as well as that of the county pleas: tertius denarius in villis ubi mercatum convenerit et in castigatione latronum i^c. Next we have the much discussed passage in the Dia/ogus,{') which is attributed to Richard FitzNeal, who is said to have been born before 1 133 and to have died in 1 1 98 : Comes autem est qui tertiam portionem eorum que de placitis proueniunt in comitatu quolibet percipit. Summa namque ilia, que nomine firme requiritur a vice- comite, tota non exurgit ex fundorum redditibus set ex magna parte de placitis prouenit et horum tertiam partem comes percipit. Qui ideo sic dici dicitur quia fisco socius est et comes in percipiendis. Porro vicecomes dicitur eo quod vicem comitis suppleat in placitis illis quibus comes ex sue dignitatis ratione participat. Discipu/us. Numquid ex singulis comitatibus comites ista percipiunt ? Maghter. Nequaquam. Set hii tantum ista percipiunt quibus regum munificentia obsequii prestiti vel eximie probitatis intuitu comites sibi creat et ratione dignitatis illius hec conferenda decernit, quibusdam hereditarie quibusdam personaliter. J. H. Round, who holds that the third penny was not given to all earls and that it was always the subject of a special grant, says of this passage that it requires to be read as a whole, for the answer might easily be differently under- stood, as, indeed, it has been in the Lords' Reports, where it is taken to apply to the earls as well as to " the third penny." The point is of no small importance, for the conclusion drawn is that "both [the dignity and the third penny] were either {') According to J. H. Round, " burgo " here means the third penny of the borough. (••) Domesday, i, fol. 238. (') For example, in Hants the third penny of six hundreds was annexed to Earl Godwin's manor of Wallop (Domesday, i, fol. 38 b.); in Devon the third penny of three hundreds was annexed to Earl Harold's manor of MoUande (Domesday, i, fol. 1 01). It should be noted that this third penny is of the pleas of the county^ and must not be confused with the third penny of the borough. See on this subject J. H. Round's Geoffrey de Mandeville, p. 289. (d) Printed in Textus Roffensis, edit. T. Hearne, 1720. (') De necessariis observantiis scaccarii dialogus, edited by Hughes, Crump, and Johnson, 1902.