Eck.—"There must be judges."
Luther.—"And what judges?"
Eck.—"After the debate is over we will agree upon them."
The object of the partisans of Rome was evident. If the theologians of Wittemberg accepted judges, their cause was lost. It was obvious beforehand who the persons were whom their opponents would suggest; and yet the Reformers, if they refused them, would be covered with obloquy, as it would be circulated every where that they were afraid of submitting to impartial judges.
LUTHER OBJECTS.
The judges whom the Reformers desired were not individuals whose opinion was already declared, but the whole of Christendom. Their appeal was made to the general voice. It mattered little who condemned them, if, in pleading their cause in presence of the Christian world, they succeeded in bringing some individuals to the light. "Luther," says a Roman historian, "demanded all the faithful for judges—in other words, demanded a tribunal so numerous that there could be no urn large enough to hold its votes."[70]
The meeting broke up. "See their stratagem," said Luther and his friends to each other. "They would to a certainty ask to have the pope or the universities for judges."
In fact, the theologians of Rome, next morning, sent one of their party to Luther, with a proposal that the judge should be ... the pope!... "The pope!" said Luther, "how could I accept him?"
"Beware," exclaimed all his friends, "of accepting conditions so unjust." Eck and his friends having consulted anew, gave up the pope, and proposed certain universities. "Don't take from us the liberty which you have already granted us," replied Luther. "We cannot yield this point," resumed Eck. "Then," exclaimed Luther, "I don't debate."[71]
They again parted, and what had just passed was talked of over the whole town. The Romans kept crying every where, "Luther won't debate—he refuses to accept of any judge!" Commenting on, and torturing his words, they endeavoured to represent them in the most unfavourable light. "What! truly? he will not debate?" say the best friends of the Reformer, and hasten to him to express their alarm. "You decline the contest," exclaim they. "Your refusal will bring eternal disgrace on your university and your cause." This was to attack Luther in his most tender point. "Very well," replied he, his heart filled with indignation, "I accept the terms which are imposed on me; but I reserve a right of appeal, and I decline the Court of Rome."[72]