774 THE REFORMATION IN FRENCH SWITZERLAND.
acquainted with the laws and customs of the country. Certainly a very reasonable request.^
The attorney-general prepared a second indictment in refutation of the arguments of Servetus, who had studied law at Toulouse. He showed that the first Christian emperors claimed for themselves the cognizance and trial of heresies, and that their laws and constitutions condemned antitrinitarian heretics and blasphemers to death. He charged him with falsehood in declaring that he had written against the Anabaptists, and that he had not communicated his doctrine to any person during the last thirty years. The
*
counsel asked for was refused because it was forbidden by the criminal statutes (1543), and because there was "not one jot of apparent innocence which requires an attorney." The very thing to be proved !
A new examination followed which elicited some points of interest. Servetus stated his belief that the Reformation would progress much further than Luther and Calvin intended, and that new things were always first rejected, but afterwards received. To the absurd charge of making use of the Koran, he replied that he had quoted it for the glory of Christ, that the Koran abounds in what is good, and that even in a wicked book one may find some good things.
On the last day of August the Little Council received answer from Vienne. The commandant of the royal palace in that city arrived in Geneva, communicated to them a copy of the sentence of death pronounced against Villeneuve, and begged them to send him back to France that the sentence might be executed on the living man as it had been already executed on his effigy and books. The Council refused to surrender Servetus, in accordance with analogous cases, but promised to do full justice. The prisoner himself, who could see only a burning funeral pile for him in Vienne, preferred
1 Opera, VIII. 797.
§ 152. THE SECOND ACT OF THE TRIAL. 775
to be tried in Geneva, where he had some chance of acquittal or lighter punishment. He incidentally justified his habit of attending mass at Vienne by the example of Paul, who went to the temple, like the Jews ; yet he confessed that in doing so he had sinned through fear of death.^
The communication from Vienne had probably the influence of stimulating the zeal of the Council for orthodoxy. They wished not to be behind the Roman Church in that respect. But the issue was still uncertain.
The Council again confronted Servetus with Calvin on the first day of September. On the same day it granted, in spite of the strong protest of Calvin, permission to Philibert Berthelier to approach the communion table. It thus annulled the act of excommunication by the Consistory, and arrogated to itself the power of ecclesiastical discipline.
A few hours afterwards the investigation was resumed in the prison. Perrin and Berthelier were present as judges, and came to the aid of Servetus in the oral debate with Calvin, but, it seems, without success ; for they resorted to a written discussion in which Servetus could better defend himself, and in which Calvin might complicate his already critical position. They wished, moreover, to refer the affair to the Churches of Switzerland which, in the case of Bolsec, had shown themselves much more tolerant than Calvin. Servetus demanded such reference. Calvin did not like it, but did not openly oppose it.
The Council, without entering on the discussion, decided that Calvin should extract in Latin, from the books of Servetus, the objectionable articles, word for word, contained therein ; that Servetus should write his answers and vindications, also in Latin; that Calvin should in his turn furnish his replies ; and that these documents be forwarded to the
1 Opera, VIII. 789 : " Et puys apres a confess^ quil avait pech€ en ce, mats que cestoit par crainte de la mart. "