Before this Council Thomas was charged with having refused justice to John, the Treasury-Marshall, and with contempt of the King's court, and was heavily fined.

It was difficult to get sentence pronounced, for the barons declined to sit as judges on an archbishop; but at length, Henry, Bishop of Winchester, on the King's order, declared the sentence.

Henry followed up the attack next day by calling upon Thomas to account for 30,000 marks spent by him while Chancellor.

In vain he proved that the Justiciar had declared him free of all claims when he laid down the Chancellorship, that the charge was totally unexpected; the King refused to stay the proceedings unless Thomas would sign the Constitutions of Clarendon.
Consultation with the bishops brought no help.

"The King has declared, so it is said, that he and you cannot both remain in England as king and archbishop.