It is the same with Mediæval Heraldry and Gothic Art. We may apply to
our own times, our own uses, our own delight, what the old Heralds and
the Gothic Artists have taught us, without even dreaming of wearing
armour or re-establishing the feudal system. True Heraldry (for it is
with Heraldry that I am now more especially concerned) is a Science, and
it also is an Art, for all time--for our times, and for future times, as
well as for the times that are past. If we understand and appreciate it,
we shall not fail to use and to apply it aright.
[Illustration: No. 449.--Seal of Sir WALTER SCOTT,
of Branxholm and Kirkurd, A.D. 1529. (Laing).]
From the initial-letter of my first Chapter I suspended the Shield borne
by that Sir WALTER SCOTT, of Abbotsford, whose name will ever be a
household word with every lover of what is chivalrous and knightly. Here
I place the Seal, No. 449, of an earlier Sir WALTER SCOTT, of Branxholm
and Kirkurd--a Knight of another branch of the same distinguished House,
who differenced the Shield of Scott so as to bear--_Or, on a bend azure
a mullet and two crescents gold_.
CHAPTER XXIII
PEERAGE DIGNITIES
_The Dignity of Earl-- Of Baron-- The Parliament of 1295-- Landed
Qualifications-- Creation of the Title Duke of Cornwall-- The Title of
Marquis-- The Premier Baron of England-- The Peerage of Scotland--
Scottish remainders-- Daughter Inherits in her own right--
Determination of an Abeyance-- The Right to Create Peers of Ireland--
Rights and Privileges of a Peeress-- The Daughters of Peers--
Anomalies of the English Scale of Precedence._
Although the name of the dignity of Earl is derived from a Saxon word,
the dignity itself, like all others, is more Norman than Saxon in its
character. At the period of the Conquest, and whilst the Norman dynasty
was on the throne, there were a number of people who bore this title. At
that time and for long afterwards, certainly well into the Plantagenet
period, an Earl within his earldom was little short of a petty
sovereign. Issues of justice and many other rights of regality were in
his hands, and he occupied a position very much akin to a viceroy for
the King, seeing that what he did he did in his own name and as Earl, or
“comes,” of the County. The High Sheriff was the “vice-comes.” Some of
the earldoms had more extensive rights of regality than others, some
were actual palatinates, and all earldoms originally were honours in fee
heritable by the heir-general. Earldoms had a territorial nature, and
the Earl took his “third penny” in the issues of the Courts in his
earldom.
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