A Papal brief demanded the Emperor to enforce the bull, by which Luther was now definitely condemned, by an imperial edict. In vain, he wrote, had God girded him with the sword of supreme earthly power, if he did not use it against heretics, who were even worse than infidels. His advisers, however, were agreed in the conviction that he could not move in this matter without the consent of his Estates. Aleander sought to gain them over in an elaborate harangue. He, according to whose principles the appeal to a Council was a crime, cleverly diverted from himself the comparison and retort which his present arguments suggested, and insisted all the more on his complaint, that Luther always despised the authority of Councils and would take no correction from anyone. Glapio, then the Emperor's confessor and diplomatist, addressed himself, with expressions of wonderful friendship, to Frederick's chancellor, Brück. Even he found much that was good in Luther's writings, but the contents of his book, the 'Babylonian Captivity,' were detestable. All that need be done was that Luther should disclaim or retract that offensive work, so that what was good in his writings might bear fruit for the Church, and Luther, together with the Emperor, might co-operate in the work of true reform. He might be invited to meet some learned, impartial men at a suitable place, and submit himself to their judgment. This, at all events, would be a happy means of preventing his having to appear before the Emperor and the Estates of the Empire, and if he persisted in refusing to recant, of deciding then and there his fate. We must leave it an open question, how far Glapio still seriously thought it possible, by dint of threats and entreaties, to utilise Luther for effecting a reform in the Spanish sense, and as an instrument against any Pope who should prove hostile to the Emperor. But the Elector Frederick would undertake no responsibility in this dark design: he refused flatly to grant to Glapio the private audience he desired.
The Emperor acceded so far to the urgency of the Pope as to cause a draft mandate to be laid before the Estates, proposing that Luther should be arrested, and his protectors punished for high treason. The Frankfort deputy wrote home: 'The monk makes plenty of work. Some would gladly crucify him, and I fear he will hardly escape them; only they must take care that he does not rise again on the third day.' After seven days' excited debate in the Diet, in which the Elector took a prominent and lively part, an answer to the imperial mandate was at length agreed upon, offering for consideration 'whether, inasmuch as Luther's preaching, doctrines, and writings had awakened among the common people all kinds of thoughts, fancies, and desires, any good result or advantage would accrue from issuing the mandate alone in all its stringency, without first having cited Luther before them and heard him.' At the same time, his examination was to be so far restricted, that no discussion with him should be allowed, but simply the question put to him, 'whether or not he intended to insist upon the writings he had published against our holy Christian faith.' If he retracted them, he should be heard further on other points and matters, and dealt with in all equity upon them. If, on the contrary, he persisted in all or any of the articles at variance with the faith, then all the Estates of the Empire should, without further disputation, adhere to and help to maintain the faith handed down by their fathers, and the imperial edict should then go abroad throughout the land.