Benedict XI. had given other proofs of partisanship. It is true that in answer to the complaints of the oppressed people he appointed a commission of cardinals to investigate the matter, but there is no trace of their labors, which were probably cut short by his death, July 7, 1304. No commissioners of his selection would have been likely to report adversely to the Inquisition, for he manifested his prejudgment by ordering the Minister of Aquitaine, under pain of forfeiture of office and future disability, to arrest Frère Bernard without warning and send him under sufficient guard to the papal court, as a fautor of heretics and presumably a heretic. The leading citizens of Albi, including G. de Pesenches the viguier and Gaillard Étienne the royal judge, who had sought to aid Pequigny, were also involved in the papal condemnation. The Minister of Aquitaine intrusted to Frère Jean Rigaud the execution of the arrest, which he duly performed, June, 1304, in the convent of Carcassonne, adding an excommunication when Bernard, encouraged by the active sympathy of the people, delayed in obeying the papal summons. He never went, and it is a curious illustration of Franciscan tendencies to see that the minister absolved him from the excommunication, and that the provincial chapter of his Order at Albi decided that he had done all that was requisite, though perhaps Benedict’s death in July had relieved them from fears as to the immediate consequences of their contumacy.[95]
Meanwhile Philippe le Bel had at last fulfilled his promise to visit in person his southern provinces and rectify on the spot the wrongs of which his subjects had so long complained. He was expecting a favorable termination to his negotiation with Benedict for the removal of the excommunications launched by Boniface VIII. against himself and his subjects and chief agents, a result which he obtained May 13, 1304, with exception of the censure inflicted on Guillaume de Nogaret and Sciarra Colonna. When, therefore, he reached Toulouse on Christmas Day, 1303, he was not disposed to excite unnecessarily Benedict’s prejudices. From Albi and Carcassonne multitudes flocked to him with cries for redress and protection, and Pequigny spoke eloquently in their behalf. The inquisitors were represented by Guillem Pierre, the Dominican provincial, while Bernard Délicieux was foremost in the debate. It was on this occasion that he made his celebrated assertion that St. Peter and St. Paul would be convicted of heresy if tried with inquisitorial methods, and when the scandalized Bishop of Auxerre tartly reproved him, he stoutly maintained the truth of what he had said. Friar Nicholas, the king’s Dominican confessor, was suspected of exercising undue influence in favor of the Inquisition, and Bernard endeavored to discredit him by accusing him of betraying to the Flemings all the secrets of the royal council. Geoffroi d’Ablis, the Inquisitor of Carcassonne, moreover, was ingratiating himself with Philippe at the moment by skilful negotiations to bring about a reconciliation with Rome.[96]