Again, if we turn to the succeeding reign, we find, though the fact appears to have hitherto escaped notice, that, as far as the printed Pipe-Rolls take us—that is, for the first few years—less than half the existing earls were in receipt of the "third penny." Careful examination of the Rolls of 2-7 Hen. II. reveals this fact. The earls to whom was paid "the third penny of the pleas" were these: Essex, Hertford, Norfolk, Gloucester, Wiltshire (Salisbury), Devon, and Sussex. Those who are not entered in the Rolls, and who, therefore, it would seem, cannot have received it, are Warwick, Leicester, Huntingdon, Northampton, Derby (Ferrers), Oxford, Surrey, Chester,[863] Lincoln, and Cornwall. Thus seven received this sum, and ten did not. The inference, of course, from this discovery is that the possession of the dignity of an earl did not _per se_ carry with it "the third penny of the pleas," the right to which could only be conferred by a special grant.[864] This, apparently conclusive, evidence illustrates and confirms the words of the _Dialogus_:— "Comes autem est qui tertiam portionem eorum quæ de placitis proveniunt in quolibet comitatu percipit. Summa namque illa quæ nomine firmæ requiritur a vicecomite tota non exsurgit ex fundorum redditibus, sed ex magna parte de placitis provenit; et horum tertiam partem comes percipit, qui ideo sic dici dicitur, quia fisco socius est et comes in percipiendis." D. "Nunquid ex singulis comitatibus comites ista percipiunt." M. "Nequaquam: sed hii tantum ista percipiunt, quibus regum munificentia, obsequii præstiti vel eximiæ probitatis intuitu comites sibi creat et ratione dignitatis illius hæc conferenda decernit, quibusdam hæreditarie, quibusdam personaliter."[865] This passage requires to be read as a whole, for the answer might easily be differently understood, as indeed it has been in the Lords' Reports,[866] 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 hereditary or personal, at the pleasure of the Crown." Careful reading, however, will show, I think, that, like the question, the reply deals with "the third penny" alone. The "hæc conferenda decernit" of the latter refers to the "ista" of the former. Confirmed as they are by the evidence of the Pipe-Rolls, the words of the _Dialogus_ clearly prove that the view I take is right, and that Professor Freeman is certainly wrong in stating that "earldoms," at this stage, "carry with them the third penny."[867] Mr. Hunt, who, here as elsewhere, seems to follow Dr. Stubbs, writes that:— "The earl still received the third penny of all profits of jurisdiction in his county. With this exception, however, the policy of the Norman kings stripped the earls of their official character."[868]