In ordering the summary arrest of Servetus at the instance of Calvin,
as we have seen, the Syndic only conformed with usage. But by the law
of Geneva grounds for an arrest on a criminal charge must be delivered
to an officer styled _Le Lieutenant Criminel_, or the Lieutenant of
Criminal Process--a personage evidently holding a responsible position
in the city--within twenty-four hours thereafter, failing which
the party attached was set at liberty. To prepare the articles of
impeachment required, Calvin must have spent the greater part of the
night, turning over the leaves of the ‘Christianismi Restitutio,’ for
the matter of his charges. These bear very obvious marks of the haste
in which they were put together, several of them being repetitions of
others that had gone before, and scarcely anything like order being
observed in the arrangement of the particulars adduced. Within the
legal time, however, the prosecutor was ready with his articles, no
fewer than thirty-eight in number, upon which, as a preliminary to
further proceedings, it was the duty of the ‘_Lieutenant Criminel_’ to
interrogate the prisoner, and from his replies to determine whether or
not there were grounds to found what we should call a True Bill against
him.
Nor was this all. Criminal charges must be made at the instance of some
one who should avow himself aggrieved, and not only bind himself over
to prosecute the suit he sought to institute to a conclusion, but be
content to go to prison with the party he accused, and, in conformity
with the requirements of the Lex Talionis, or law of retaliation,
engage, in case his charges were not made good, to undergo the penalty
that would befall the incriminated party if they were substantiated.
It would of course have been not only inconvenient, but unbecoming for
Calvin, the real prosecutor in the case, to go into durance vile, his
presence in the outer world being so much required. He had therefore to
procure a substitute; and we might have expected to find William Trie
again brought forward, and made to figure in setting on foot the trial
for life or death at Geneva, as he had already lent himself to figure
in that of Vienne. But Trie was not produced; it was a certain Nicolas
de la Fontaine, a French refugee in the service of Calvin, in what
capacity report speaks variously, some designating him cook, whilst
others, to enhance his dignity, call him the Reformer’s Secretary.
Calvin himself speaks of him familiarly as _Nicolaus meus_, my man
Nicolas. That Fontaine was really the Reformer’s cook seems now to have
been satisfactorily ascertained; but he may have been a man of parts
and education for all that; refugees for conscience sake could not
always choose their calling in their new abodes.[72]
Public-domain text, read in full here on John Shaqi.
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