After this, from February to the middle of March, the matter was in the hands of a commission of theologians who were to prepare the decision. A still more select commission, presided over by the Pope in person, then undertook the drafting of the Bull with the forty-one Propositions of Luther which were to be condemned. Upon the termination of their work, in the end of April, it was submitted to the Cardinals for their decision; four more Consistories, held in May and June, were, however, necessary before the matter was finally settled. Certain differences of opinion arose as to the question whether the forty-one Propositions were, as Cardinal Cajetan proposed, to be separately stigmatised as heretical, false, scandalous, etc., or whether, as had been done in the case of the Propositions of Wiclif and Hus at Constance, they should be rejected in the lump without any more definite characterisation. The latter opinion prevailed. In the last Consistory of June 1 the Pope decided on the publication of the Bull in this shape, and by June 15 it was complete.
Two Cardinals, Pietro Accolti (Anconitanus) and Thomas de Vio (Cajetanus), had all along been busy with the case. The moving spirit was, however, Cardinal Giulio de’ Medici.[112] Everything points to “the matter having been treated as a very grave one.”[113]
Legally the case was based on the notoriety of Luther’s doctrines, he having proposed and defended them at the Disputation of Leipzig, according to the sworn evidence of the notaries-public. The Louvain theologians and Eck had their share in selecting and denouncing the Theses. It would seem that during the trial Eck submitted the official printed minutes of the Leipzig Disputation in order to prove that the errors were really expressed in Luther’s own words.
This utilisation of the Leipzig Disputation was justified, as it rendered nugatory Luther’s appeal to a General Council. At the Disputation in question he had denied the authority even of Œcumenical Assemblies.
Eck’s efforts were of assistance in elucidating and pressing on the matter. But we may gather how incorrectly the question was regarded in Rome by many, who, it is true, had little to do with it, from the fact that, even on May 21, persons were to be found holding the opinion that the publication of a solemn Bull would tend to injure the cause of the Church rather than to advance it, and that the scandal in Germany would only become greater if it were apparent that so much importance was attached to Luther’s errors.[114]