Through that century we find a protest against the mediæval intrusion of the ecclesiastical power into the realm of civil authority, with the inevitable reaction which made the ecclesiastical a mere department of national or civic administration. Zurich under Zwingli, although it is usually taken as the extreme type of this Erastian policy, as it came to be called later, went no further than Bern, Strassburg, or other places. The Council of Geneva had legal precedent when they insisted that the supreme ecclesiastical power belonged to them. The city had been an ecclesiastical principality, ruled in civil as well as in ecclesiastical things by its Bishop, and the Council were legally the inheritors of the Bishop's authority. This meant, among other things, that the old laws against heresy, unless specially repealed, remained on the Statute Book, and errors in doctrine were reckoned to be of the nature of treasonable things; and this made heresies, or variations in religious opinion from what the Statute Book had declared to be the official view of truth, liable to civil pains and penalties.
"Castellio's doubts as to the canonicity of the Song of Songs and as to the received interpretation of Christ's descent into Hades, Bolsec's criticism of predestination, Gryet's suspected scepticism and possession of infidel books, Servetus' rationalism and anti-Trinitarian creed, were all opinions judged to be criminal.... The heretic may be a man of irreproachable character; but if heresy be treason against the State,"[155]
he was a criminal, and had to be punished for the crime on the Statute Book. To say that Calvin burnt Servetus, as is continually done, is to make one man responsible for a state of things which had lasted in western Europe ever since the Emperor Theodosius declared that all men were out of law who did not accept the Nicene Creed in the form issued by Damasus of Rome. On the other hand, to release Calvin from his share in that tragedy and crime by denying that he sat among the judges of the heretic, or to allege that Servetus was slain because he conspired against the liberties of the city, is equally unreasonable. Calvin certainly believed that the execution of the anti-Trinitarian was right. The Protestants of France and of Switzerland in 1903 (Nov. 1st) erected what they called a _monument expiatoire_ to the victim of sixteenth century religious persecution, and placed on it an inscription in which they acknowledged their debt to the great Reformer, and at the same time condemned his error,--surely the right attitude to assume.[156]