A crucial case arose in 1163. A certain Philip de Broi or de Brois,[424] who was probably an Archdeacon of Bedford and a Canon of Lincoln, had previously escaped personal punishment on a charge of manslaughter, but was afterwards denounced as a murderer by Simon FitzPeter, who was one of the king’s justices. On this he protested vehemently and abused the judge. There had been several other cases about that time, including a bad one of murder and rape by a cleric from Worcester,[425] and another of homicide out of Salisbury,[426] in which the offender escaped with imprisonment, and King Henry took action with great fury.[427] He claimed to have been insulted in the person of his delegate, and ordered that de Broi should be brought to trial, not only for this, but for the original manslaughter; he wished, in fact, to send him to the gallows. But the archbishop refused to reopen the matter already tried and decided, but for having insulted the king’s officer the rebellious priest was severely dealt with,[428] as he was stripped and flogged before the angry judge, and lost his office and stipend on being banished for two years.[429] The king was dissatisfied, desiring nothing less than the death of the canon, and vigorously proceeded towards the subjugation of the clergy. In 1164 he promulgated the _Constitutions of Clarendon_, by which he desired that criminous clerks should incur the lay penalties. The offender was first to be accused in the temporal court;[430] then tried, convicted, and degraded by the ecclesiastical tribunal; thence sent back for sentence to the secular court, to receive the customary draconic punishments. But Archbishop Becket and the English hierarchy declared that to degrade a clerk and then remit him to the secular judges was to punish him twice for the same offence.[431] “Affliction,” they said, quoting a Hebrew prophet,[432] “shall not rise up a second time.” All they would concede was that if a clerk after being degraded[433] committed the offence again he might be handed over as an ordinary layman.[434] The death of Archbishop Thomas stayed all Henry’s plans as regards the Church. “The temporal courts maintained their claim to bring the criminous clerk before them; they abandoned their claim to punish the degraded clerk.”[435] In the thirteenth century it had become the custom that the clerk[436] should first be indicted and inquired upon before he could claim his clergy;[437] by the reign of Henry VI.—1422–1461—he must first be convicted[438] before being passed into the hands of his bishop.[439]