To what extent this crude expedient was put in practice we have no means of knowing, but probably some attempts were made which only proved its inefficiency. Esparrago died soon afterwards and was succeeded in the archiepiscopal seat of Tarragona by Guillen Mongriu, whose vigorous and martial temperament was illustrated by his conquest of the island of Iviza. Mongriu speedily found that the domestic Inquisition would not work, and applied for the solution of some doubts to Gregory, who sent him, April 30, 1235, a code of instructions drawn up by Raymond of Pennaforte. About this time we find the first record of active work in persecution, which illustrates the absence of all formal inquisitorial procedure. Robert, Count of Rosellon, was one of the great feudatories of the crown of Aragon. He seems to have been involved, as most nobles were, in some disputes as to fiefs and tithes with the Bishop of Elne, whose diocese was in his territories. The bishop accused him of being the chief of the heretics of the region and of using his castles as a refuge for them. All this was very likely true—at least the bishop had no difficulty in finding witnesses to prove it, when Robert obediently abjured, but subsequently relapsed. Don Jayme accordingly had him arrested and imprisoned, but Robert managed to escape and shut himself in one of his inaccessible mountain strongholds. His position, however, was desperate, and his lands liable to confiscation; he therefore expressed to Gregory IX. his desire to return to the bosom of the Church, and offered to serve with his followers against the Saracen as long as the pope might designate. Gregory therefore wrote, February 8, 1237, to Raymond of Pennaforte, that if the count would for three years with his subjects assist in the conquest of Valencia, and give sufficient security that in case of relapse his territories should be forfeited to the crown, he could be absolved. On hearing this the good bishop hastened to the papal court and declared that if Robert was absolved he and his witnesses would be exposed to the imminent peril of death, and that heresy would triumph in his diocese; but, on receiving assurances that his fiefs and tithes would be taken care of, he quieted down and offered no further opposition.[186]

Under the impulsion of Gregory and of Raymond of Pennaforte, Dominican inquisitors had at last been resorted to, and in this year, 1237, we first become cognizant of them. In right of his wife Ermessende, Roger Bernard the Great of Foix was Vizconde of Castelbo, a fief held of the Bishop of Urgel, with whom he had had a bitter war. He gave Castelbo to his son Roger, who, by the advice of his father, in 1237, allowed the Inquisition free scope there, placing the castle in the hands of Ramon Fulco, Vizconde of Cardona, in the name of the Archbishop of Tarragona and the bishops assembled at the Council of Lerida. That council thereupon appointed a number of inquisitors, including Dominicans and Franciscans, who made a descent on Castelbo. It had long been noted as a nest of Catharans. In 1225, under the protection of Arnaldo, then lord of the place, perfected heretics publicly preached their doctrines there. In 1234 we hear of a heretic of Mirepoix going thither to receive the consolamentum on his death-bed. The inquisitors, therefore, had no difficulty in finding victims. They ordered two houses to be destroyed, exhumed and burned the bones of eighteen persons, condemned as heretics, and carried off as prisoners some forty-five men and women, condemned fifteen who fled, and were undecided about sundry others. Still, the Bishop of Urgel was not satisfied, and he gratified his rancor by condemning and excommunicating Roger Bernard as a defender of heretics, and it was not until 1240 that the latter, through the intervention of the Archbishop of Tarragona, and by submitting, abjuring heresy, and swearing to perform any penance assigned to him, procured from the bishop absolution and a certificate that he recognized him “per bon et per leyal e per Catholich.”[187]

In 1238 the Inquisition of Aragon may be said to be founded. In April of that year Gregory IX. wrote to the Franciscan Minister and Dominican Prior of Aragon deploring the spread of heresy through the whole kingdom, so that heretics no longer seek secrecy, but openly combat the Church, to the destruction of its liberties; and though this may be an exaggeration, we know from a confession before the Inquisition of Toulouse that there were enough scattered through the land to afford shelter to the wandering Catharan missionaries. Gregory, therefore, placed in the hands of the Mendicants the sword of the Word of God, which was not to be restrained from blood. They were instructed to make diligent inquisition against heresy and its abettors, proceeding in accordance with the statutes which he had issued, and calling in when necessary the aid of the secular arm. At the same time he made a similar provision for Navarre, which was likewise said to be swarming with heretics, by commissioning as inquisitors the Franciscan Guardian of Pamplona and the Dominican Pedro de Leodegaria. As an independent institution the Inquisition of Navarre seems never to have advanced beyond an embryonic condition. In 1246 we find Innocent IV. writing to the Franciscan Minister there to publish that Grimaldo de la Mota, a citizen of Pamplona, is not to be aspersed as a heretic because while in Lombardy he had eaten and drunk with suspected persons, but this is the only evidence of vitality that I have met with, and Navarre was subsequently incorporated into the Inquisition of Aragon.[188]

In Aragon the institution gradually took shape. Berenger de Palau, Bishop of Barcelona, was busily engaged in organizing it throughout his diocese at the time of his death in 1241, and the vicar, who replaced him while the see was vacant, completed it. In 1242 Pedro Arbalate, who had succeeded Guillen Mongriu as archbishop, with the assistance of Raymond of Pennaforte, held the Council of Tarragona to settle the details of procedure. Under the guidance of so eminent a canonist, the code drawn up by the council showed a thorough knowledge of the principles guiding the Church in its dealings with heretics, and long continued to be referred to as an authority not only in Spain, but in France. At the same time its careful definitions, which render it especially interesting to us, indicate that it was prepared for the instruction of a Church which as yet practically knew nothing of the principles of persecution firmly established elsewhere. It was probably under the impulse derived from these movements that active persecution was resumed at Castelbo, which does not seem to have been purified by the raid of 1237. This time the heretics were not as patient as before, and resorted to poison, with which they succeeded in taking off Fray Ponce de Blanes, or de Espira, the inquisitor, who had made himself peculiarly obnoxious by his vigorous pursuit of heresy for several years. This aroused all the martial instincts of the retired archbishop, Guillen Mongriu, who assembled some troops, besieged and took the castle, burned many of the heretics, and imprisoned the rest for life. An organized effort was made to extend the Inquisition throughout the kingdom, and the parish priests were individually summoned to lend it all the aid in their power. Urgel seems to have been the headquarters of the sectaries, for subsequently we hear of their sharp persecution there by the Dominican inquisitor, Bernardo Travesser, and of his martyrdom by them. As usual, both he and Ponce de Blanes shone forth in miracles, and have remained an object of worship in the Church of Urgel, though in 1262 the latter was translated to Montpellier, where he lies magnificently entombed.[189]

Still, the progress of organization seems to have been exceedingly slow. In 1244 a case decided by Innocent IV. shows a complete absence of any effective system. The Bishop of Elne and a Dominican friar, acting as inquisitors, had condemned Ramon de Malleolis and Helena his wife as heretics. By some means they succeeded in appealing to Gregory IX., who referred the matter to the Archdeacon of Besalu and the Sacristan of Girona. These acquitted the culprits and restored them to their possessions; but the case was carried back to Rome, and Innocent finally confirmed the first sentence of conviction. Again, in 1248, a letter from Innocent IV. to the Bishop of Lerida, instructing him as to the treatment in his diocese of heretics who voluntarily return to the Church, presupposes the absence of inquisitors and absolute ignorance as to the fundamental principles in force. The power conferred the same year on the Dominican Provincial of Spain to appoint inquisitors seems to have remained unused. The efforts of Archbishop Mongriu and Raymond of Pennaforte had spent themselves apparently without permanent results. King Jayme grew dissatisfied, and, in 1254, urgently demanded a fresh effort of Innocent IV. This time the pope concluded, at Jayme’s suggestion, to place the matter entirely in Dominican hands; but so little had been done in the way of general organization that he confided the choice of inquisitors to the priors of Barcelona, Lerida, Perpignan, and Elne, each one to act within his own diocese, unless, indeed, there are inquisitors already in function under papal commissions—a clause which shows the confusion existing at the time. Innocent further felt it necessary to report this action to the Archbishops of Tarragona and Narbonne, and to call upon them to assist the new appointees. This device does not seem to have worked satisfactorily. At that time the whole peninsula constituted but one Dominican province, and, in 1262, Urban IV. again adopted definitely the plan, in general use elsewhere, of empowering the provincial to appoint the inquisitors—now limited to two. A few days before he had sent to those of Aragon a bull defining their powers and procedure, and a copy of this was enclosed to the provincial for his guidance. This long remained the basis of organization; but after the division of the province into two, by the General Chapter of Cologne in 1301, the Aragonese chafed under their subordination to the Provincial of Spain, whose territories consisted only of Castile, Leon, and Portugal. The struggle was protracted, but the Inquisition of Aragon at last achieved independence in 1351, when Fray Nicholas Roselli, the Provincial of Aragon, obtained from Clement VI. the power of appointing and removing the inquisitors of the kingdom.[190]

Meanwhile the inquisitors had not been inactive. Fray Pedro de Cadreyta rendered himself especially conspicuous, and as usual Urgel is the prominent scene of activity. In conjunction with his colleague, Fray Pedro de Tonenes, and Arnaldo, Bishop of Barcelona, he rendered final judgment, January 11, 1257, against the memory of Ramon, Count of Urgel, as a relapsed heretic who had abjured before the Bishop of Urgel, and whose bones were to be exhumed; but, with unusual lenity, the widow, Timborosa, and the son, Guillen, were admitted to reconciliation and not deprived of their estates. Twelve years later, in 1269, we find Cadreyta, together with another colleague, Fray Guillen de Colonico, and Abril, Bishop of Urgel, condemning the memory of Arnaldo, Vizconde of Castelbo, and of his daughter Ermessende, whom we know as the heretic wife of Roger Bernard the Great of Foix. They had both been dead more than thirty years, and her grandson, Roger Bernard III. of Foix, who had inherited the Vizcondado of Castelbo, was duly cited to defend his ancestors; but if he made the attempt, it was vain, and their bones were ordered to be exhumed. It is not likely that these sturdy champions of the faith confined their attention to the dead, though the only execution we happen to hear of at this period is that of Berenguer de Amoros, burned in 1263. That the living, indeed, were objects of fierce persecution is rendered more than probable by the martyrdom of Cadreyta, who was stoned to death by the exasperated populace of Urgel, and who thus furnished another saint for local cult.[191]

During the remainder of the century we hear little more of the Inquisition of Aragon, but the action of the Council of Tarragona, in 1291, would seem to show that it was neither active nor much respected. Otherwise the council would scarce have felt called upon to order the punishment of heretics who deny a future existence, and, further, that all detractors of the Catholic faith ought to be punished as they deserve, to teach them reverence and fear. Still more significant is the injunction on parish priests to receive kindly and aid efficiently the beloved Dominican inquisitors, who are laboring for the extirpation of heresy.[192]

With the opening of the fourteenth century there would appear to be an increase of vigor. In 1302 Fray Bernardo celebrated several autos de fé, in which a number of heretics were abandoned to the secular arm. In 1304 Fray Domingo Peregrino had an auto in which we are told that those who were not burned were banished, with the assent of King Jayme II.—one of the rare instances of this punishment in the annals of the Inquisition. In 1314 Fray Bernardo Puigcercos was so fortunate as to discover a number of heretics, of whom he burned some and exiled others. To Juan de Longerio, in 1317, belongs the doubtful honor of condemning the works of Arnaldo de Vilanova. The names of Arnaldo Burguete, Guillen de Costa, and Leonardo de Puycerda have also reached us, as successful inquisitors, but their recorded labors were principally directed against the Spiritual Franciscans, and will be more particularly noted hereafter. The Aragonese seem not to have relished the methods of the Inquisition, for in 1325 the Cortes, with the assent of King Jayme II., prohibited for the future the use of the inquisitorial process and of torture, as violations of the Fueros. Whether or not this was intended to apply to the ecclesiastical as well as to the secular courts it is impossible now to tell, but, if it were, it had no permanent result, as we learn from the detailed instructions of Eymerich fifty years later. About the middle of the century, the merits of the Inquisitor Nicholas Roselli earned him the cardinalate. It is true that when the energetic action of the Inquisitor Jean Dumoulin, in 1344, drove the Waldenses from Toulouse to seek refuge beyond the Pyrenees, Clement VI. wrote earnestly to the kings and prelates of Aragon and Navarre to aid the Inquisition in destroying the fugitives, but there is no trace of any corresponding result.[193]

To Roselli, however, belongs the credit of raising a question which inflamed to a white heat the traditional antagonism of the two great Mendicant Orders. It is worth brief attention as an illustration of the nicety to which doctrinal theology had attained under the combined influence of scholastic subtlety in raising questions, and inquisitorial enforcement of implicit obedience in the minutest articles of faith. In 1351 the Franciscan Guardian of Barcelona, in a public sermon, stated that the blood shed by Christ in the Passion lost its divinity, was sundered from the Logos, and remained on earth. The question was a novel one and a trifle difficult of demonstration, but its raising gave Roselli a chance to inflict a blow on the hated Franciscans, and he referred it to Rome. The answer met his most ardent anticipations. The Cardinal of Sabina, by order of Clement VI., wrote that the pope had heard the proposition with horror; he had convened an assembly of theologians in which he himself argued against it, when it was condemned, and the inquisitors everywhere were ordered to proceed against all audacious enough to uphold it. Roselli’s triumph was complete, and the unfortunate guardian was obliged to retract his speculations in the pulpit where he had promulgated them. The Franciscans were restless under this rebuff, which they construed as directed against their Order. In spite of the papal decision the question remained an open one in the schools, where it was eagerly debated on both sides. The Franciscans argued, with provoking reasonableness, that the blood of Christ might well be believed to remain on earth, seeing that the foreskin severed in the Circumcision was preserved in the Lateran Church and reverenced as a relic under the very eyes of pope and cardinal, and that portions of the blood and water which flowed in the Crucifixion were exhibited to the faithful at Mantua, Bruges, and elsewhere. After the lapse of a century, the Franciscan, Jean Bretonelle, professor of theology in the University of Paris, in 1448 brought the matter before the faculty, stating that it was causing discussion at Rochelle and other places. A commission of theologians was appointed, which, after due debate, rendered a solemn decision that it was not repugnant to the faith to believe that the blood shed at the Passion remained on earth. Thus encouraged, the Franciscans grew bolder.

The Observantine Franciscan, Giacomo da Monteprandone, better known as della Marca, was one of the most prominent ecclesiastics of the fifteenth century. His matchless eloquence, his rigid austerity, his superhuman vigor, and his unquenchable zeal for the extermination of heresy well earned the beatification conferred on him after death; and since 1417 he had been known as a hammer of heretics. He held a commission as universal inquisitor which clothed him with power throughout Christendom, and the heretics in every corner of Italy, in Bohemia, Hungary, Bosnia, and Dalmatia, had learned with cause to tremble at his name. It required no little nerve to assail such a man, and yet when, April 18, 1462, at Brescia, he publicly preached the forbidden doctrine, the Dominican Inquisitor, Giacomo da Brescia, lost no time in calling him to account. First a courteous note expressed disbelief in the report of the sermon and asked a disclaimer; but on the Observantine adhering to the doctrine, a formal summons followed, citing him to appear for trial on the next day. The two Orders had thus fairly locked horns. The Bishop of Brescia interfered and obtained a withdrawal of the summons, but the question had to be fought out before the pope. The bitterness of feeling may be judged by the complaint of the inquisitor that his opponent had so excited the people of Brescia against him and the Dominicans that but for prompt measures many of them would have been slain; while, from Milan to Verona, every Dominican pulpit resounded with denunciations of Giacomo della Marca as a heretic.