On the 8th of August Luther wrote to Spalatin, praying that the Elector would employ his influence to have him cited in Germany. He also wrote to Staupitz, "See what ambuscades they use to ensnare me, and how I am surrounded with thorns. But Christ lives and reigns, to-day, yesterday, and for ever. My conscience assures me that what I have taught is the truth, though it becomes still more odious when I teach it. The Church is like the womb of Rebecca. The children must struggle together so as even to endanger the life of the mother.[498] As to what remains, entreat the Lord that I may not have too much joy in this trial. May God not lay the sin to their charge."

The friends of Luther did not confine themselves to consultation and complaint. Spalatin, on the part of the Elector, wrote to Renner, the Emperor's secretary, "Dr. Martin is very willing that his judges shall be all the universities of Germany, with the exception of those of Erfurt, Leipsic, and Frankfort on the Oder, which he has ground to suspect. It is impossible for him to appear personally at Rome."[499]

The university of Wittemberg wrote a letter of intercession to the pope himself, and thus spoke of Luther,—"The feebleness of his body, and the dangers of the journey, make it difficult and even impossible for him to obey the order of your Holiness. His distress and his prayers dispose us to have compassion on him. We, then, as obedient sons, entreat you, most Holy Father, to be pleased to regard him as a man who has never taught doctrines in opposition to the sentiments of the Roman Church." On the same day the university, in its anxiety, addressed Charles de Miltitz, a Saxon gentleman, the chamberlain, and a great favourite of the pope, and bore testimony to Luther in terms still stronger than those which it had ventured to insert in the former letter. "The worthy father, Martin Luther, Augustin, is the noblest and most honourable man of our university. For several years we have seen and known his ability, his knowledge, his high attainments in arts and literature, his irreproachable manners, and his altogether Christian conduct."[500]

This active charity on the part of all who were about Luther is his finest eulogium.

While the issue was anxiously waited for, the affair terminated more easily than might have been supposed. The Legate de Vio, chagrined at not having succeeded in the commission which he had received to prepare a general war against the Turks, was desirous to give lustre to his embassy in Germany by some other brilliant exploit; and thinking that if he extinguished heresy he would reappear at Rome with glory, he asked the pope to remit the affair to him. Leo felt himself under obligation to Frederick, for having so strenuously opposed the election of young Charles, and was aware that he might still want his assistance. Accordingly, without adverting to the citation, he charged his legate by a brief, dated 23rd of August, to examine the affair in Germany. The pope lost nothing by this mode of proceeding; and, at the same time, if Luther could be brought to a retractation, the noise and scandal which his appearance at Rome might have occasioned were avoided.

"We charge you," said he, "to bring personally before you, to pursue and constrain without delay, and as soon as you receive this our letter, the said Luther, who has already been declared heretic by our dear brother, Jerome, Bishop of Asculan."[501]

Then the pope prescribes the severest measures against Luther.

"For this purpose invoke the arm and assistance of our very dear son in Christ, Maximilian, the other princes of Germany, and all its commonalties, universities, and powers ecclesiastical or secular; and if you apprehend him, keep him in safe custody, in order that he may be brought before us."[502]

We see that this indulgent concession of the pope was little else than a surer method of dragging Luther to Rome. Next follow the gentle measures:—

"If he returns to himself, and asks pardon for his great crime, asks it of himself, and without being urged to do it, we give you power to receive him into the unity of Holy Mother Church."