After Edward's death, Somerset visited Gardiner in prison with a view of effecting his release.
Gardiner readily expressed his approval of all that had been done to establish the Reformed religion, and promised for the future obedience to Royal authority, but he would not acknowledge that he had been guilty of contumacy in the past. On this point he was immovable, protesting that he was innocent in every respect.
He was brought before the Privy Council, and then three months were given to him for reflection.
When this period had expired, as the Bishop remained in the same sentiments, it was resolved to proceed judicially against him in order to deprive him of the See of Winchester.
He then refused to sign the articles that had been sent him previously, and to which he had in a measure assented, and he vehemently demanded to be tried as to the grounds of his imprisonment.
But the Privy Council refused his prayer, and his bishopric was sequestrated.
All these proceedings were much censured as being contrary to the liberties of Englishmen, and contrary also to all forms of legal procedure. It was thought very hard that a man should be put in prison solely from a complaint having been made against him, and still more hard that after two years' durance, and without further inquiry, articles should be put to him for his signature.
Such actions were quite indefensible upon any constitutional principles.
Archbishop Cranmer greatly deprecated this illegal harshness, for he foresaw the injurious consequences.
Such ill-timed severity would inevitably drive men like Gardiner, Tonstall, and Day, who had already acknowledged the King's supremacy, back to the Church of Rome, and the progress of the Reformation must thereby be sorely hindered.