As the Protestants had declared that they would send representatives to the discussion at Ratisbon, it was now necessary to elect these delegates. We may suppose that the Court of the Elector had fixed upon Melanchthon, who had given such repeated evidences of his capability. But Luther appealed to the Elector with the words, "As it will be a useless and ineffectual council, of which we can hope nothing, Philip, who is indeed very ill, should be spared." In order to prevent Melanchthon's journey to Ratisbon, he even went to Brueck, and explained the state of things to him. Of Melanchthon, he said: "He is a faithful man, who fears or shuns no one, and besides this he is weak and sick. He had no little difficulty in getting him home alive from Mansfeld, for he would not eat or drink. If we should lose this man from the University, it is likely that half the University would leave on his account. He would not advise, but most faithfully dissuade them from sending him." They should send Dr. Zoch and Dr. Maior, who was at least more learned than the Emperor's ass. Cruciger also begged that he should be excused from this discussion and journey. "However, if I knew," said the chancellor in his report, "that Melanchthon would not be excused from the disagreeable affairs at Mansfeld, I would rather advise and urge that he should be sent to Ratisbon. And Philip himself said that he would rather do the last than the first." The Elector yielded, but first summoned Melanchthon to Torgau, in order to consult with him about the discussion at Ratisbon. He here, on the 11th of January, published an Opinion, in which he said that it is not known whether the Emperor will again present one of Groper's books, or whether the Augsburg Confession would be discussed, article upon article. The Emperor was accompanied by a Spanish ecclesiastic, called MALVENDA. Melanchthon thought that _he_ would not fail to oppose the article on Justification. If they desired to destroy the whole discussion, it would be most useful to begin with this article, which is now known and highly esteemed throughout Germany, and among all the godly. This would soon bring matters to a close, and the Protestants could then publish a protest, that the opposite party would not be convinced, and that it would evidently be entirely useless to carry on further negotiations.