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] [501] "Dictum Lutherum hæreticum per prædictum auditorem jàm declaratum." (Breve Leonis X ad Thomam.) 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] [502] "Brachio cogas atque compellas, et eo in potestate tua redacto cum sub fideli custodia retineas, ut coram nobis sistatur." (Ibid.) 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." The pope soon returns to malediction. "If he persists in his obstinacy, and you cannot make yourself master of his person, we give you power to proscribe him in all parts of Germany, to banish, curse, and excommunicate all who are attached to him, and to order all Christians to shun their presence." Still this is not enough. The pope continues:--