But Clement's consent to his wish meant a break with the Emperor, Catharine's nephew; and the exhaustion of France, the weakness of the league in which the lesser Italian states strove to maintain their independence against Charles after the battle of Pavia, left the Pope at the Emperor's mercy.
While the English envoy was mooting the question of divorce in 1526 the surprise of Rome by an Imperial force brought home to Clement his utter helplessness.

It is hard to discover what part Wolsey had as yet taken in the matter or whether as in other cases Henry had till now been acting alone, though the Cardinal himself tells us that on Catharine's first discovery of the intrigue she attributed the proposal of divorce to "my procurement and setting forth." But from this point his intervention is clear.

As legate he took cognizance of all matrimonial causes, and in May 1527 a collusive action was brought in his court against Henry for cohabiting with his brother's wife.

The king appeared by proctor; but the suit was suddenly dropped.

Secret as were the proceedings, they had now reached Catharine's ear; and as she refused to admit the facts on which Henry rested his case her appeal would have carried the matter to the tribunal of the Pope, and Clement's decision could hardly be a favourable one.
[Sidenote: Wolsey and the Divorce] The Pope was now in fact a prisoner in the Emperor's hands.