Schaff - History of the Christian Church Vol. 8 - Media Sabda Org

616
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 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. f1181
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 Swiss
Churches as a basis of judgment. All this was fair and impartial. f1182