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Jean Lemoine, Jean Le Moine, Johannes Monachus (1250, Crécy-en-Ponthieu – 22 August 1313,
Avignon Avignon (, ; ; oc, Avinhon, label=Provençal or , ; la, Avenio) is the prefecture of the Vaucluse department in the Provence-Alpes-Côte d'Azur region of Southeastern France. Located on the left bank of the river Rhône, the commune ha ...
) was a French
canon lawyer Canon law (from grc, κανών, , a 'straight measuring rod, ruler') is a set of ordinances and regulations made by ecclesiastical authority (church leadership) for the government of a Christian organization or church and its members. It is the ...
,
Cardinal Cardinal or The Cardinal may refer to: Animals * Cardinal (bird) or Cardinalidae, a family of North and South American birds **'' Cardinalis'', genus of cardinal in the family Cardinalidae **'' Cardinalis cardinalis'', or northern cardinal, ...
,
bishop of Arras The Roman Catholic Diocese of Arras (–Boulogne–Saint-Omer) (Latin: ''Dioecesis Atrebatensis (–Bononiena–Audomarensis)''; French: ''Diocèse d'Arras (–Boulogne–Saint-Omer)'') is a diocese of the Latin Rite of the Roman Catholic Church i ...
and
papal legate 300px, A woodcut showing Henry II of England greeting the pope's legate. A papal legate or apostolic legate (from the ancient Roman title ''legatus'') is a personal representative of the pope to foreign nations, or to some part of the Catholic ...
. He served
Boniface VIII Pope Boniface VIII ( la, Bonifatius PP. VIII; born Benedetto Caetani, c. 1230 – 11 October 1303) was the head of the Catholic Church and ruler of the Papal States from 24 December 1294 to his death in 1303. The Caetani, Caetani family was of b ...
as representative to
Philip IV of France Philip IV (April–June 1268 – 29 November 1314), called Philip the Fair (french: Philippe le Bel), was King of France from 1285 to 1314. By virtue of his marriage with Joan I of Navarre, he was also King of Navarre as Philip I from 1 ...
, and founded the Collège du Cardinal Lemoine, in Paris. He is the first canon lawyer to formulate the legal principle of the
presumption of innocence The presumption of innocence is a legal principle that every person accused of any crime is considered innocent until proven guilty. Under the presumption of innocence, the legal burden of proof is thus on the prosecution, which must present ...
.


Early life

He was awarded degrees in canon law and theology by the
University of Paris The University of Paris (french: link=no, Université de Paris), Metonymy, metonymically known as the Sorbonne (), was the leading university in Paris, France, active from 1150 to 1970, with the exception between 1793 and 1806 under the French Revo ...
. He then became a canon of the cathedral chapters at Amiens and then in Paris. A royal adviser, he travelled to Rome, and was made
Auditor of the Rota An auditor is a person or a firm appointed by a company to execute an audit.Practical Auditing, Kul Narsingh Shrestha, 2012, Nabin Prakashan, Nepal To act as an auditor, a person should be certified by the regulatory authority of accounting and a ...
in 1282.


Between France and Rome

Master Jean Le Moine was Dean of
Bayeux Cathedral Bayeux Cathedral, also known as Cathedral of Our Lady of Bayeux (French: ''Cathédrale Notre-Dame de Bayeux''), is a Roman Catholic church located in the town of Bayeux in Normandy, France. A national monument, it is the seat of the Bishop of ...
from 1288 to 1292. He was actually, during that period, not in Bayeux but at the Papal Curia, serving as Vice-Chancellor. He signed the papal bulls under Pope Nicholas IV (1288-1292) as Magister Johannes Decanus Baiocensis. Le Moine was then elected bishop of Arras after the death of Bishop Guillaume de Issiaco on September 23, 1293. The election was finally confirmed by Boniface VIII.
Pope Celestine V Pope Celestine V ( la, Caelestinus V; 1215 â€“ 19 May 1296), born Pietro Angelerio (according to some sources ''Angelario'', ''Angelieri'', ''Angelliero'', or ''Angeleri''), also known as Pietro da Morrone, Peter of Morrone, and Peter Celes ...
created him cardinal, with the title of Saints Marcellino e Pietro, at the
consistory Consistory is the anglicized form of the consistorium, a council of the closest advisors of the Roman emperors. It can also refer to: *A papal consistory, a formal meeting of the Sacred College of Cardinals of the Roman Catholic Church *Consistory ...
of 18 September 1294. On 21 June 1295, he was in Anagni and attended the Consistory in which Pope Boniface recognized King
James II of Aragon James II (Catalan: ''Jaume II''; Spanish: ''Jaime II;'' 10 April 1267 â€“ 2 or 5 November 1327), called the Just,, an, Chaime lo Chusto, es, Jaime el Justo. was the King of Aragon and Valencia and Count of Barcelona from 1291 to 1327. H ...
as the successor of King Pedro; ''Johannes tit. S. Marcellini et Petri presb. Card.'' subscribed to the bull. He is attested among the cardinal-priests, under the name Johannes Monachus, as being present in the Roman Curia and receiving his share (1/18 on this occasion) in a distribution of the income from the Treasury of the College of Cardinals on 25 November 1295. He appears again on 10 May 1297, as one of nineteen cardinals who received a share of the 50% of the income of the two deposed Colonna cardinals, thanks to the generosity of Pope Boniface VIII. When the procurator of the Bishop of Siena paid in 300 livres Tournois around 24 June 1297, Jo. Monachus was one of seventeen cardinals entitled to a share. There were many other distributions in which the names of the recipient cardinals are not listed, but which undoubtedly brought Cardinal Le Moine various sums of money. At Easter, 1297, the Archbishop of Tours paid in 200 livres Tournois, 1/15th of which went to Cardinal Le Moine, and around Pentecost he received 1/16 of the 500 livres Tournois presented by the Archbishop of Rouen. On 5 September, thanks to the payment of the Abbot Majoris Monasterii (Marmoutier) in Tours of 180 livres Tournois, the Cardinal received a 1/15th share. In the winter of 1297/1298 he was appointed auditor by Pope Boniface in the case of a Dominican Inquisitor and a Milanese soldier. In the winter of 1297/1298 he was appointed auditor along with Cardinal Nicolas de Nonancourt by Pope Boniface in a case involving the Diocese of Lund and the King of Denmark.


Collège du Cardinal Lemoine

As patron, he contracted at Rome (15 March 1302) to buy from the Grands-Augustins the "Maison du Chardonnet" and adjoining land to found a college. Initially "la Maison du Cardinal", after his death it was called "Collège du Cardinal Lemoine" or "Collège du Cardinal Le Moine." Initially it was to take 60 theology students and 40 in the arts. It received approval from Boniface VIII on 4 May 1302.


Legate

On 24 November 1302, Boniface VIII sent Cardinal Jean of S. Marcellino e Pietro to France as legate to Philippe le Bel. Philippe stood up to papal demands, and the Cardinal laid an interdict on the kingdom, requiring Nicolas de Fréauville, the king's confessor, to appear at the Roman Curia to make an explanation. The pope modified the interdict to an
excommunication Excommunication is an institutional act of religious censure used to end or at least regulate the communion of a member of a congregation with other members of the religious institution who are in normal communion with each other. The purpose ...
of the king. Phillipe intercepted the messengers with the bull, at
Troyes Troyes () is a commune and the capital of the department of Aube in the Grand Est region of north-central France. It is located on the Seine river about south-east of Paris. Troyes is situated within the Champagne wine region and is near ...
, and placed the legate Jean under surveillance. The king then called together the
États Généraux In France under the Ancien Régime, the Estates General (french: États généraux ) or States-General was a legislative and consultative assembly of the different classes (or estates) of French subjects. It had a separate assembly for each of th ...
(1303). The Cardinal left Paris by night, and returned to Rome. In Rome, he was appointed Assessor by Pope Boniface, in the case of the suspension of the Bishop of Vasio from both spiritualities and temporalities. The death of the Pope interrupted the proceedings, and the suspension was not finally lifted until 18 March 1304. During his time in France as Apostolic Legate, he had been granted the right to appoint ten clerics to benefices in the various cathedrals of France (Paris, Chartres and Amiens excepted), but these were cancelled when Pope Boniface revoked and reserved to the Holy See all benefices in the Churches and Abbeys of France; Cardinal Jean was able to reinstate these ten clerics through the special favor shown to him by Pope Benedict XI.


Roman Curia

His properties in France, however, were apparently being misappropriated. On 18 December 1303, the new pope, Benedict XI (1303-1304), issued a mandate, instructing several abbots in the dioceses of Bayeux and Amiens to see to it that the Cardinal's rights and the income from his benefices were protected. The letter specifically states that he was Dean of Bayeux, and that he had canonries and prebends in Bayeux, Amiens, and Paris. At the same time he was appointed by Pope Benedict to be an Auditor in the case of a dispute between the Bishop and the Chapter of Amiens. In January 1304, he was appointed to be a member of the committee to examine the election of a Bishop of Bamberg, but as soon as the committee was appointed, the bishop-elect resigned his election into the hands of the Pope, and the Pope provided the new bishop. On 14 March 1304, he was one of the fifteen cardinals who subscribed the bull of privileges in favor of the monastery of Santo Spirito in Sulmone in the Diocese of Valva. In February 1304, the Pope assigned him the trial of facts in a complaint laid by the Abbot and monks of Farfa in the matter of the subinfeudation of Cardinal Giovanni Boccamazza to several castles and their lands, which involved the Monastery of Farfa.


Conclave of 1304, move to Avignon

Pope Benedict XI died at Perugia on 7 July 1304. The ''Sede Vacante'' lasted nearly eleven months. There were nineteen qualified electors, not counting the two Colonna cardinals who had been deposed. Jean Le Moine belonged to the group led by Cardinal Napoleone Orsini, composed of ten cardinals altogether. He is said to have been the first choice of that group, but the cardinals in the opposition, led by Matteo Rosso Orsini, would by no means consent to the election. Because of illness, four cardinals did not participate in the final ballot in which the canonical election of Bertrand de Got, Archbishop of Bordeaux took place. He was elected by a bare 2/3 majority of ten votes, but finally the other five accepted the election and, of course, made it unanimous. Cardinal Jean Le Moine was absent from the Conclave, from 18 August 1304, suffering from a pain in the tibia, but his name appears among the majority at the final ballot and on the Election Manifesto. All the Cardinals attended the new pope in France, with the exception of Cardinal
Robert de Pontigny Robert de Pontigny, O.Cist. (born in France, date unknown; died at Parma, 9 October 1305) was a French monk, abbot and Roman Catholic Cardinal. Early career Nothing at all is known of his birthplace, his family, or his upbringing. It is occasi ...
, who died during the journey at Parma, on 9 October 1305. On 6 November 1305, he was elected
Camerlengo of the Sacred College of Cardinals The Camerlengo of the Sacred College of Cardinals was the treasurer of the College of Cardinals in the Catholic Church. The title is based on an Italian word for chamberlain, a word no longer used in secular contexts. The position existed from a ...
. He stayed with Clement through all his wanderings, through to Avignon where the pope stationed himself in 1309. Cardinal Lemoine died in Avignon. His will, dated 21 July 1313, asks that he should be buried in the chapel of his college in Paris, in rue Saint-Victor. These wishes were carried out on 1 October 1314, according to the inscription on his funeral monument (image above). His brother André Lemoine,
bishop of Noyon The former French Catholic diocese of Noyon lay in the north-east of France, around Noyon. It was formed when Saint Medardus moved the seat of the bishopric at Vermandois to Noyon, in the sixth century. For four centuries it was united with the ...
, was a benefactor of the College; he died in 1315. The brothers were buried in the same tomb, and a joint epitaph could be seen there up to the end of the eighteenth century.


Works

His ''Glossa aurea Joannis Monachi cardinalis in Sextum Decretalium'', a commentary on the '' Liber Sextus'' collection of
canonical The adjective canonical is applied in many contexts to mean "according to the canon" the standard, rule or primary source that is accepted as authoritative for the body of knowledge or literature in that context. In mathematics, "canonical examp ...
decretal Decretals ( la, litterae decretales) are letters of a pope that formulate decisions in ecclesiastical law of the Catholic Church.McGurk. ''Dictionary of Medieval Terms''. p. 10 They are generally given in answer to consultations but are sometimes ...
s, was presented by him to the University of Paris, with an accompanying letter, dated 16 February 1301 302 The text was first printed in Paris in 1515. He formulated the rule on
presumption of innocence The presumption of innocence is a legal principle that every person accused of any crime is considered innocent until proven guilty. Under the presumption of innocence, the legal burden of proof is thus on the prosecution, which must present ...
in the words "''item quilbet presumitur innocens nisi probetur nocens'' (a person is presumed innocent until proven guilty)".Kenneth Pennington, "Innocent until Proven Guilty: The Origins of a legal Maxim," (revised version 2003);


Placenames

* The rue du Cardinal-Lemoine is a street in the 5e arrondissement, Paris * The station Cardinal Lemoine is on line 10 of the
Paris métro The Paris Métro (french: Métro de Paris ; short for Métropolitain ) is a rapid transit system in the Paris metropolitan area, France. A symbol of the city, it is known for its density within the capital's territorial limits, uniform architec ...
.


References


Bibliography

* Dupuy, Pierre (1655)''Histoire du différend d'entre le pape Boniface VIII. et Philippes le Bel Roy de France'' (Paris: Sebastien Cramoisy, 1655). (in French and Latin) * Du Chesne, François (1660), ''Histoire de tous les cardinaux françois de naissance ou qui ont été promus au cardinalat par l’expresse recommandation de nos roys'', Paris, 1660. * Hermant, Jean (1705). ''Histoire du Diocese de Bayeux'' Première partie (Caen: Pierre F. Doublet 1705). * Roy, Jean (1788). ''Nouvelle histoire des cardinaux françois, ornée de leurs portraits'' Tome cinquième (Paris: Chez Poinçot 1788). *Paris, Paulin (1837). ''Les Grands Chroniques de France'' Tome cinquième
270-1381 7 (seven) is the natural number following 6 and preceding 8. It is the only prime number preceding a cube. As an early prime number in the series of positive integers, the number seven has greatly symbolic associations in religion, mythology, s ...
(Paris: Techener 1837). *Fisquet, Honoré (1864), ''La France pontificale, histoire chronologique et biographique des archevêques et évêques de tous les diocèses de France depuis l’établissement du christianisme jusqu’à nos jours, divisée en dix-sept provinces ecclésiastiques'', Paris. *Johannessesn, R. M. (1988). "Cardinal Jean Lemoine and the Authorship of the Glosses to Unam Sanctam," ''Bulletin of Medieval Canon Law'', 33 (n.s. Vol. 18), pp. 33–42 *Jourdain, Ch. (1876). ''Le Collège du cardinal Lemoine'', Paris, 1876.


External links

*
Two portraits


{{DEFAULTSORT:Lemoine, Jean 1250 births 1313 deaths Canon law jurists Diplomats of the Holy See Bishops of Arras 13th-century French cardinals 14th-century French cardinals