The king had devised a new financial project for increasing his own revenue at the expense of the sheriffs. According to current practice, a sum of two shillings annually from every hide of land in the shire was paid to those officers for their services to the community in its administration and defence. This payment, although described as customary rather than legal,[71] and called the “sheriff’s aid,”[72] seems really to have been nothing else than the Danegeld, which still occasionally made its appearance in the treasury rolls, but in such small amount that it is evident the sheriffs, if they collected it in full, paid only a fixed composition to the Crown and kept the greater part as a remuneration for their own labours. Henry now, it seems, proposed to transfer the whole of these sums from the sheriff’s income to his own, and have it enrolled in full among the royal dues. Whether he intended to make compensation to the sheriffs from some other source, or whether he already saw the need of curbing their influence and checking their avarice, we know not; but the archbishop of Canterbury started up to resist the proposed change as an injustice both to the receivers and to the payers of the aid. He seems to have looked upon it as an attempt to re-establish the Danegeld with all the odiousness attaching to its shameful origin and its unfair incidence, and to have held it his constitutional duty as representative and champion of the whole people to lift up his voice against it in their behalf. “My lord king,” he said, “saving your good pleasure, we will not give you this money as revenue, for it is not yours. To your officers, who receive it as a matter of grace rather than of right, we will give it willingly so long as they do their duty; but on no other terms will we be made to pay it at all.”—“By God’s Eyes!” swore the astonished and angry king, “what right have you to contradict me? I am doing no wrong to any man of yours. I say the moneys shall be enrolled among my royal revenues.”—“Then by those same Eyes,” swore Thomas in return, “not a penny shall you have from my lands, or from any lands of the Church!”[73]

How the debate ended we are not told; but one thing we know: from that time forth the hated name of “Danegeld” appeared in the Pipe Rolls no more. It seems therefore that, for the first time in English history since the Norman conquest, the right of the nation’s representatives to oppose the financial demands of the Crown was asserted in the council of Woodstock, and asserted with such success that the king was obliged not merely to abandon his project, but to obliterate the last trace of the tradition on which it was founded. And it is well to remember, too, that the first stand made by Thomas of Canterbury against the royal will was made in behalf not of himself or his order but of his whole flock;—in the cause not of ecclesiastical privilege but of constitutional right. The king’s policy may have been really sounder and wiser than the primate’s; but the ground taken by Thomas at Woodstock entitles him none the less to a place in the line of patriot-archbishops of which Dunstan stands at the head.[74]

The next few weeks were occupied with litigation over the alienated lands of the metropolitan see. A crowd of claims put in by Thomas and left to await the king’s return now came up for settlement, the most important case being that of Earl Roger of Clare, whom Thomas had summoned to perform his homage for Tunbridge at Westminster on July 22. Roger answered that he held the entire fief by knight-service, to be rendered in the shape of money-payment,[75] of the king and not of the primate.[76] As Roger was connected with the noblest families in England,[77] king and barons were strongly on his side.[78] To settle the question, Henry ordered a general inquisition to be made throughout England to ascertain where the service of each land-holder was lawfully due. The investigation was of course made by the royal justiciars; and when they came to the archiepiscopal estates, one at least of the most important fiefs in dispute was adjudged by them to the Crown alone.[79]

Meanwhile a dispute on a question of church patronage arose between the primate and a tenant-in-chief of the Crown, named William of Eynesford. Thomas excommunicated his opponent without observing the custom which required him to give notice to the king before inflicting spiritual penalties on one of his tenants-in-chief.[80] Henry indignantly bade him withdraw the sentence; Thomas refused, saying “it was not for the king to dictate who should be bound or who loosed.”[81] The answer was indisputable in itself; but it pointed directly to the fatal subject on which the inevitable quarrel must turn: the relations and limits between the two powers of the keys and the sword.

Almost from his accession Henry seems to have been in some degree contemplating and preparing for those great schemes of legal reform which were to be the lasting glory of his reign. His earliest efforts in this direction were merely tentative; the young king was at once too inexperienced and too hard pressed with urgent business of all kinds, at home and abroad, to have either capacity or opportunity for great experiments in legislation. Throughout the past nine years, however, the projects which floated before his mind’s eye had been gradually taking shape; and now that he was at last freed for a while from the entanglements of politics and war, the time had come when he might begin to devote himself to that branch of his kingly duties for which he probably had the strongest inclination, as he certainly had the highest natural genius. He had by this time gained enough insight into the nature and causes of existing abuses to venture upon dealing with them systematically and in detail, and he had determined to begin with a question which was allowed on all hands to be one of the utmost gravity: the repression of crime in the clergy.