After Luther's condemnation was at last resolved upon, new difficulties arose in the Consistory. The theologians wished to proceed at once to fulmination, whereas the lawyers were for beginning with a citation, asking their theological colleagues, "Was not Adam first cited? '_Adam, where art thou?_' said the Lord. It was the same with Cain, the question asked at him was, 'where is thy brother, Abel?'" These strange arguments, drawn from Scripture, the canonists strengthened by appealing to the principles of the law of nature. "The certainty of a crime," said they, "cannot deprive the criminal of his right of defence."[223] It is pleasing to find a sense of justice still existing in a Roman consistory. But these scruples did not suit the theologians, who, hurried on by passion, thought only of proceeding to business with despatch. It was at length agreed that the doctrine of Luther should be immediately condemned, and that a period of sixty days should be granted to him and his adherents; after which, provided they did not retract, they should all be, _ipso facto_, excommunicated. De Vio, who had returned from Germany in ill health, was carried to the meeting, that he might not lose this little triumph, which carried with it some degree of consolation. Having been defeated at Augsburg, he longed to be able at Rome to condemn the invincible monk, before whom his knowledge, finesse, and authority had proved unavailing. Luther not being there to reply, De Vio felt himself strong. A last conference, which Eck attended, was held in presence of the pope himself, in his villa at Malliano. On the 15th of June the sacred college resolved on condemnation, and approved of the famous bull. [223] Sarpi Hist. of the Council of Trent, i, p. 12. "Arise, O Lord!" said the Roman pontiff, speaking at this solemn moment as vicar of God and head of the Church, "arise and be judge in thy own cause. Remember the insults daily offered to thee by infatuated men. Arise, O Peter, remember thy holy Roman Church, the mother of all churches, and mistress of the faith! Arise, O Paul, for here is a new Porphyry, who is attacking thy doctrines and the holy popes our predecessors! Arise, in fine, assembly of all the saints, holy Church of God, and intercede with the Almighty!"[224] [224] L. Op. (L.) xvii, p. 305, and Op. Lat. i, p. 32. The pope afterwards quotes as pernicious, scandalous, and poisonous, forty-one propositions in which Luther had expounded the holy doctrine of the gospel. Among these propositions we find the following:-- "To deny that sin remains in an infant after baptism, is to trample St. Paul and our Lord Jesus Christ under foot." "A new life is the best and noblest penance." "To burn heretics is contrary to the will of the Holy Spirit, etc." [Sidenote: MELANCTHON.]