Two expressions of his in these early days of the contest are recorded. "Brother Martin," he said, "is a man of a very fine genius, and this outbreak the mere squabble of envious monks;" and again, "It is a drunken German who has written the theses; he will think differently about them when sober." Three months after the theses had appeared, he ordered the vicar-general of the Augustinians to "quiet down the man," hoping still to extinguish easily the flame. The next step was to institute a tribunal for heretics at Rome for Luther's trial; what its judgment would be was patent from the fact that the single theologian of learning among the judges was Sylvester Prierias. Before this tribunal Luther was cited on August 7th; within sixty days he was to appear there at Rome. Friend and foe could well feel certain that they would look in vain for his return. Papal influence, meanwhile, had been brought to bear on the elector Frederick[25] to induce him not to take the part of Luther, and the chief agent chosen for working on the Elector and the emperor Maximilian was the papal legate, Cardinal Thomas Vio of Gaeta, called Cajetan, who had made his appearance in Germany. The University of Wittenberg, on the other hand, interposed on behalf of their member, whose theology was popular there, and whose biblical lectures attracted crowds of enthusiastic hearers. He had just been joined at Wittenberg by his fellow-professor Philip Melanchthon, then only twenty-one years old, but already in the first rank of Greek scholars, and the bond of friendship was now formed which lasted through their lives. The university claimed that Luther should at least be tried in Germany. Luther expressed the same wish through Spalatin[26] to his sovereign. The Pope meanwhile had passed from his previous state of haughty complacency to one of violent haste. Already, on August 23d, thus long before the sixty days had expired, he demanded the Elector to deliver up this "child of the devil," who boasted of his protection, to the legate, to bring away with him. This is clearly shown by two private briefs from the Pope, of August 23d and 25th, the one addressed to the legate, the other to the head of all the Augustinian convents in Saxony, as distinguished from the vicar of those congregations, Staupitz, who already was looked on with suspicion at Rome. These briefs instructed both men to hasten the arrest of the heretic; his adherents were to be secured with him, and every place where he was tolerated laid under the interdict.