Exhibit D.
Leo the Thirteenth, Supreme Pontiff. Venerable brother, health and apostolic
benediction.
Desirous, with the divine assistance, to discharge usefully the duty
[Page 396]
of the apostolic ministry
entrusted by God to us, although unworthy, whereby we by Divine Providence
preside over the government of all churches; whenever there may be a
necessity of providing for the government of these churches, we are
solicitous and careful to appoint such pastors as are qualified to instruct
the people entrusted to their care, not only by inculcating sound doctrine
but also by their good example, pastors who with the Divine assistance are
willing and able to rule and govern judiciously and to maintain in peace and
tranquillity the churches committed to their charge. Also, since we have
reserved to ourselves the appointment to all churches at present vacant or
likely to be vacant at any future time, we declare as null and void any
appointment which may be made knowingly or ignorantly by any other
authority. But now the Titular Episcopal Church of Pieropolis in Phrygia,
subject to the archbishop of Synnada, being in a certain sense destitute of
the comfort of a pastor, and in making provision for it, in which duty no
one except us is able or will be able to interfere, by reason of our
aforesaid decree and reservation, we, in our paternal zeal, after diligent
deliberation with our brothers, the venerable cardinals of the Holy Roman
Church, appointed to superintend the propagation of the faith, have turned
our attention to you, venerable brother, who has willingly resigned into our
hands the church of Monterey and Los Angeles.
Wherefore, freeing you from the charge of this resigned church, and, as far
as there is need, by the plenitude of our apostolic authority absolving you
and wishing on this account that you be absolved from all excommunications,
interdicts, and ecclesiastical censures, judgments, and penalties, if by
chance any be incurred, we, by our same authority and by these presents,
transfer you to the abovesaid church of the Hieropolis, and by committing
you to the care, government, and administration of this same church, in
spirituals and temporals, appoint you its bishop and pastor, relying on the
assurance that you will discharge all the things for the greater glory of
God and the eternal salvation of souls. However, we grant that, as long as
the abovesaid church of Hieropolis remains merely a titular one, you will
not be obliged to go to it and personally reside there. Apostolic
constitutions and ordinances, also those of the said churches of Monterey
and Los Angeles and Hieropolis, even those approved by oath, apostolic
confirmation, or by any other power, and all statutes, and customs
whatsoever to the contrary notwithstanding.
Given at St.
Peter’s, Rome, under the seal of the fisherman, on
the sixth day
of May, in the year of our Lord eighteen hundred and ninety-six and
of our pontificate the nineteenth.
[l. s.]
C. Cardinal de
Ruggieno.
To our venerable Brother Francis Mora,
Retired Bishop of Monterey and Los Angeles.
State of
California,
County of Los Angeles,
City of Los Angeles, ss:
I, the undersigned, Joachim Adam, being duly sworn, depose and say: I
understand and am versed in the Latin and English languages and I have
carefully compared the foregoing document marked “Exhibit A” with the
original letters of Pope Leo XIII dated January 26, 1894, appointing
George Montgomery coadjutor bishop of the diocese of Monterey and Los
Angeles with the right of succession, and
[Page 397]
said Schedule A is a full, true, and correct copy
of said original. I have also carefully compared the foregoing document
marked “Exhibit B” in English with the said original letters of
appointment in Latin and find that the said Exhibit B is a full, true,
and correct translation of said original letters of appointment. I have
also carefuly compared the foregoing document in Latin marked “Exhibit
C” with the original letters of Pope Leo XIII dated May 6, 1896,
accepting the resignation of Rt. Rev. Francis Mora as bishop of said
diocese, and find said Exhibit C to be a full, true, and correct copy of
said original. I have also carefully compared the foregoing document in
English marked “Exhibit D” with the said original document in Latin, and
find the same to be a full, true, and correct translation in the English
from the Latin of said original.
Subscribed and sworn to before me this 13th day of October,
A. D. 1896.
[notarial seal.]
William R.
Burke,
Notary Public in and for Los
Angeles County,
State of California,
State of
California,
County of Los
Angeles, ss:
I, the undersigned, George Montgomery, bishop of Monterey and Los
Angeles, being duly sworn, depose and say: I have read the foregoing
declaration and statement and know the contents thereof, and the same
are true of my own knowledge, except as to the matters therein stated on
my information and belief, and as to these matters I believe it to be
true.
[corporate seal.]
George
Montgomery.
State of
California,
County of
Los Angeles, ss:
On this 13th day of September, A. D. 1896, before me, William R.
Burke, a notary public in and for said Los Angeles County, duly
commissioned and sworn, personally appeared George Montgomery, known
to me to be the person whose name is subscribed to this instrument,
and also known to me to be the Roman Catholic bishop of the diocese
of Monterey and Los Angeles, otherwise called the diocese of
Monterey, a religious corporation sole, that executed the within
instrument and acknowledged to me that such corporation sole
executed the same.
[notarial
seal.]
William R.
Burke.
State of
California,
County of
Monterey, ss:
I, J. D. Kalar, county clerk of said Monterey County, and ex officio
clerk of the superior court in and for said county, do hereby
certify that the foregoing is a full, true, and correct copy of the
original letters of succession, etc., relating to the succession of
Rt. Rev. George Montgomery to the office of bishop of the diocese of
Monterey and Los Angeles as successor of Rt. Rev. Francis Mora,
resigned, as the
[Page 398]
same
appears on file and of record in my office, and the same has been
compared by me with the original.
Witness my hand and seal of said court
this 10th day
of July, A. D. 1902.
[seal.]
J. D. Kalar,
Clerk,
By ________
________,
Deputy Clerk.
(Endorsed:) No. 159. Original. Documents relating to the
succession of Rt. Rev. George Montgomery to the office of the
diocese of Monterey and Los Angeles, as successor of Rt. Rev.
Francis Mora, resigned. Recorded at the request of Wells, Fargo
& Co., Oct. 17th, 1896, at 22 minutes past 9 a.m., in Vol.
50 of deeds, page 36, records of Monterey Co., Cal. W. H.
Pyburn, county recorder, by _______ ______, deputy. Recorder’s
fees, $4.50. Filed Jul. 9, 1902. J. D. Kalar, clerk, by ______
_______, deputy. Filed Nov. 8, 1899. C. W, Bell, clerk, by Sam
Kutz, deputy.
