The first point at issue was whether there should be one common jurisdiction in all the land, or whether the Church courts should still exist. These Church courts had been set up by William the Conqueror and Lanfranc, in order that the clergy should not be mixed up in ordinary law matters, and should be excluded strictly from the common courts. No penalty involving bloodshed could be inflicted in the Church courts, and all the savage barbarities of mutilation, common enough as punishments in the King's court, were forbidden. Henry II., apart from his strong desire for centralisation in government, wanted these Church courts abolished, because every clerk who offended against the law escaped ordinary punishment, no matter what the charge might be. 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. 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."