de bene esse: literally, of well-being, morally acceptable but subject to future validation or exception
On
11th July 1533, Pope Clement VII declared his sentence on the annulment
of the King’s marriage to Catherine of Aragin and his subsequent
marriage to Anne Boleyn:
“Sentence of Clement VII. against Henry VIII., declaring his
divorce from Katharine and marriage with Anne Boleyn null; and
pronouncing the King to have incurred the greater excommunication, but
suspending the declaration of the same till the end of September.”
A further document in Letters and Papers corroborates this:
“On the 11th of this July, the Pope in Consistory pronounced a
sentence restoring the Queen to her royal state, annulling the King’s
marriage with Ana, whose children are declared illegitimate, and
declaring that the King is excommunicate, and has incurred the penalties
contained in the briefs.”
In the Pope’s eyes, Henry was still legally married to Catherine of
Aragon and he expected Henry to abandon the pregnant Anne Boleyn on pain
of excommunication. He was giving Henry until September to make the
appropriate arrangements. Henry ignored the sentence and was married to
Anne Boleyn until May 1536, when their marriage was annulled and Anne
was executed for high treason. The papal bull of excommunication was
actually not issued until 1538 after the King had “gone to still further
excesses” in the Pope’s eyes.
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