Thomas replied that the proposal was contrary to the religious liberties of the land, but he met with little support from the rest of the bishops.

"Better the liberties of the Church perish than that we perish ourselves," they cried in fear of the King.

Henry followed up his proposal by calling on the bishops to abide by the old customs of the realm, as settled by his grandfather, Henry I., and to this they all agreed, adding "saving the rights of our order." A list of the old customs was drawn up, and sixteen _Constitutions_, or articles, were presented to the bishops at the Great Council of Clarendon, in January, 1164.

To many of these Constitutions Thomas objected; notably (1) That clerks were to be tried in the King's courts for offences of common law.

(2) That neither archbishops, bishops, nor beneficed clerks were to leave the kingdom without royal permission.