[The Rise of the Democracy by Joseph Clayton]@TWC D-Link bookThe Rise of the Democracy CHAPTER I 18/36
Archbishop Thomas saw that in the Church courts there was some protection, not only for the clergy, but for all minor ecclesiastics, and for widows and orphans, against the horrible legal cruelties of the age.
"It must be held in mind that the Archbishop had on his side the Church or _Canon Law_, which he had sworn to obey, and certainly the law courts erred as much on the side of harshness and cruelty as those of the Church on that of foolish pity towards evil doers."[9] Before this dispute had reached its climax Thomas had boldly taken measures against some of the King's courtiers who were defrauding the See of Canterbury; and he had successfully withstood Henry's plan for turning the old Dane-geld shire tax, which was paid to the sheriff for the defence of the country and the up-keep of roads, into a tax to be collected by the Crown as part of the royal revenue.
Thomas told the King plainly that this tax was a voluntary offering to be paid to the sheriffs only "so long as they shall serve as fitly and maintain and defend our defendants," and said point blank that he would not suffer a penny to be taken off his lands for the King's purposes.
Henry was obliged to yield, and this is the first case known of resistance to the royal will in the matter of taxation. The case of clerical offenders, and the jurisdiction of the courts came before a great council at Westminster in 1163.
Henry declared that criminous clerks should be deprived of their office in the Church courts, and then handed over to the King's courts for punishment.
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