Role in The Royal Divorce
That year he accompanied Wolsey on his important diplomatic mission to France, the splendour and magnificence of which have been graphically described by George Cavendish in his biography of Wolsey. Among the cardinal's retinue - including several noblemen and privy councillors - Gardiner alone seems to have understood the importance of this embassy. Henry was particularly anxious to cement his alliance with King Francis I of France, and gain support for his plans to divorce Catherine of Aragon. In the course of his progress through France, Wolsey received orders from Henry to send back his secretary, Gardiner, for fresh instructions. Wolsey was obliged to reply that he positively could not spare Gardiner as he was the only instrument he had in advancing the king's "Great Matter". The next year, Wolsey sent Gardiner and Edward Foxe, provost of King's College, Cambridge, to Italy to promote the same business with the pope. His dispatched messages have survived, and illustrate the competence with which Gardiner performed his duties. Gardiner's familiarity with canon law gave him a great advantage. He was instructed to procure a decretal commission from the pope, which was intended to construct principles of law by which Wolsey might render a decision on the validity of the king's marriage without appeal. Though supported by plausible pretexts, the demand was received as unusual and inadmissible. Pope Clement VII, who had been recently imprisoned in Castel Sant'Angelo by mutinous soldiers of the Holy Roman Empire, had managed to escape to Orvieto. Now fearful of offending Charles V, Clement refused to issue a definitive ruling concerning Henry's annulment. The matter was instead referred to his cardinals, with whom Gardiner held long debates.
Gardiner's pleading was unsuccessful. Though the issue had not been specifically resolved, a general commission was granted, enabling Wolsey, along with Papal Legate, Cardinal Campeggio, to try the case in England. While grateful to the pope for the small concession, Wolsey viewed this as inadequate for the purpose in view. He urged Gardiner to press Clement VII further to deliver the desired decretal, even if it were only to be shown to the king and himself and then destroyed. Otherwise Wolsey feared he would lose his credit with Henry, who might be tempted to discard his allegiance to Rome. However, Clement VII made no further concessions at the time and Gardiner returned home. The two legates held their court under the guidelines of the general commission.
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