Leaving now the third penny of the revenues of the country town, let us turn our attention to that of the pleas of the whole county. Independent of the system in the Danelaw to which I have referred above, we have two references in Domesday to this "third penny." Firstly, the "tercius denarius de totâ scirâ Dorsete" (i. 75); secondly (in the case of Warwickshire) "tercio denario placitorum siræ" (i. 278), yet neither of these is among the cases appealed to by Dr. Stubbs. Now, the curious point about them is that in neither instance was the right annexed to the dignity of earl, but to a certain manor, which manor was held by the earl. That is to say, he was entitled to this "third penny of the pleas" not _quâ_ earl, but _quâ_ lord of that estate. The distinction is vital. Whether "the third penny of the pleas" be that of the whole shire or only of a single hundred, it is always attached, under the Confessor, to the possession of some manor. We find the "tercius denarius" of one, of two, of three, of even six hundreds so annexed.[859] This peculiarity would seem to have been an essential feature of the system, and I need scarcely point out how opposed it is to the alleged tenure _ex officio_ in days before the Conquest, or to that granted to the earl _quâ_ earl under the Norman and Angevin kings. Let us seek to learn when the latter institution, the recognized "tertius denarius," became first annexed to the dignity of earl. The prevailing view would seem to be that it was so annexed from the first; that its possession, in fact, was part of, or rather was connoted by, the dignity of an earl. Madox held that the oldest mode of conferring the dignity of earl, a mode "coeval to the Norman Conquest," was by charter; and he further held that "By the charter the king granted to the earl the _tertius denarius comitatus_."[860] Dr. Stubbs writes, of the investiture of earls in the Norman period:— "The idea of official position is not lost sight of, although the third penny of the pleas and the sword of the shire alone attest its original character" (_Const. Hist._, i. 363). Mr. Freeman puts the case thus:— "Earldoms are now in their transitional stage. They have become hereditary; but they carry with them the official perquisite of the ancient official earls, the third penny of the king's revenues in the shire."[861] Here it may at once be pointed out that the mistake which I referred to at the outset is again made, "the third penny" being described as that not of the pleas, but "of the revenues" of the county. Then there is the question whether this perquisite was indeed the right of "the ancient official earls." Lastly, we must ask whether the earldoms granted in this period did unquestionably "carry with them" this "official perquisite."