PROOF OF SUCCESSION OF THE RT. REV. GEORGE MONTGOMERY, R. C. BISHOP OF MONTEREY. STATE OF CALIFORNIA, [Stat. 1852, p. 168, Civ. Code, sec. 602.] County of Los Angeles, 88: Know all men by these presents, that whereas, the Right Reverend Thadeus Amat, being duly constituted the bishop of the Roman Catholic Church in the diocese of Monterey, did, for the purpose of the administration of the temporalities of the Roman Catholic Church in said diocese and the management of the estate and property of said church, become incorporated as a religious corporation sole, by a certificate, under his hand and official seal, bearing date the ninth day of December, 1870, and duly recorded in the office of the county clerk of the county of Monterey in Book A of miscellaneous records at page 19, on December 12th, 1870. And whereas I, Francis Mora, was afterwards, to wit, on the 20th day of May, A. D. 1873, by bulls or letters of appointment from His Holiness Pope Pius IX, given at Rome, under the seal of the fisherman's ring, bearing date the day and year last mentioned, duly appointed to be the coadjutor bishop of said diocese, with the right of succession thereto, on the death of the said Thadeus Amat or other vacancy occurring therein. And whereas, afterwards, to wit, on the 12th day of May, 1878, the said Right Reverend Thadeus Amat departed this life, whereby I, the said Francis Mora, have succeeded to the said bishopric of Monterey and become the incumbent of the said diocese and of the corporation sole. Now, therefore, for proof of such death and of my appointment as such bishop and of my succession as such incumbent, I annex hereto the affidavit of the rector of the parish, showing the decease of the said Right Reverend Thadeus Amat, and simultaneously herewith I cause to be recorded a duly attested copy of my said letter of appointment as such bishop, the same being in the Latin language, and also a duly attested translation thereof, in the office of and with the county clerk of Monterey County, my episcopal residence being in said county. In witness whereof I have hereunto set my hand and the corporate seal of the said diocese and corporation sole this 29th day of June, 1878. [SEAL.] FRANCIS MORA, Bishop of Monterey. STATE OF CALIFORNIA, City and County of Los Angeles, 88: On the twenty-ninth day of June, A. D. one thousand eight hundred and seventy-eight, before me, A. C. Holmes, a notary public in and for said Los Angeles County, residing therein, duly commissioned and sworn, personally appeared Francis Mora, bishop of Monterey, known to me to be the person described in, whose name is subscribed to, and who executed the within instrument, and he duly acknowledged to me that he executed the same. In witness whereof I have hereunto set my hand and affixed my official seal, at my office, in the city and county of Los Angeles, the day and year last above written. [SEAL.] A. C. HOLMES, Notary Public. STATE OF CALIFORNIA, City and County of Los Angeles, ss: I, the Rev. Peter Verdaguer, rector of the Cathedral of St. Vibiana and of Our Lady of Angels, being duly sworn, depose and say that I knew the late Right Rev. Thaddeus Amat, bishop of Monterey; that said bishop died in the city of Los Angeles the 12th day of May, 1878; that I saw his corpse after his demise, attended at the funeral, and witnessed the remains being deposited in the basement of the cathedral. In witness whereof I set my hand and seal it with the seal of the parish this day, the 28 of June, A. D. 1878. [SEAL.] Rev. PETER VERDAGUER, Rector. Subscribed and sworn to before me this 29th day of June, A. D. 1878. [SEAL.] A. C. HOLMES, Notary Public. STATE OF CALIFORNIA, County of Los Angeles, ss: - Francis Mora, being duly sworn, deposes and saysThat he is the duly constituted Roman Catholic bishop of Monterey and the same person to whom the commission, or letter of appointment, a copy of which is annexed hereto, is addressed. That the said copy has been by him compared with the said original commission, or letter of appointment, in his possession, and is a full, true, and correct copy thereof, and of the whole thereof. FRANCIS MORA, Subscribed and sworn to before me this 29th day of June, 1878. [SEAL.] A. C. HOLMES, Dilecto filio Francisco Mora, Presbytero, Vicario Generali Diocesis Montereyensis et Angelorum in California. PIUS P. P. IX. Dilecte fili, salutem et Apostolicam Benedictionem! Simul ac Nos venerabilis Frater Thaddeus Amat, Episcopus Montereyensis atque Angelorum, enixis rogavit precibus, ut attentis valetudinis, quibus conflictatur incommodis subsidium sibi Coadjutoris Episcopi, cum futuro successionis jure decernevemus, Nos de spirituali-illius Ecclesio bono solliciti, cum venerabilibus Fratribus Nostris, Sanctae Romanae Ecclesiae Cardinalibus, negotiis Propagandae Fidei praepositis, rem communicavimus, omnibusque rationum momentis sedulo attenteque perpensis, et votis memorati Autistis obsecundandum, et tibi, dilecte Fili istudmunus demandandum existimavimus, procerto habentus, te, pro eaqua egregio commendaris, religionis, prudentiae, expectationi Nostrae cumulatissime responsurum. Quae cum sita sint, te quem per similes Nostras litteras, hoc ipso die datas, Episcopum Mossynopolitamum, in partibis infidelium, renuntiavimus, hisce litteris ab quibisvis excommunicationis et interdicti aliisque ecclesiasticis censuris, sententiis et poenis, quovis modo, vel quovis de cause latis, si quas forte incurristi, hujus tantum rei gratia absolventes et absolutum fore consentes, de praedictorum V. V. Fratrum Nostrorum consilio, Coadjutorum praefati Episcopi Montereyensis atque Angelorum, cum futurae successionis jure, Auctoritate Nostrae Apostolica, facimus et renuntiamus; teque quando cumque per obitum dicti Autistitis, vel aliam quamlibet ob causam Montereyensis et Angelorum. Sedes vacaverit, a vinculo, quo tuae isti Mossynopolitanae Ecclesiae adstrictus deteniris, nunc pro tunc, de Apostolicae potestatis Nostrae plenetudine, solventes in Episcopum Montereyensis atque Angelorum, nunc item pro tunc facimus et constituimus, cum singulis atque universis honoribus, facultatibus, juribus et praerogativis solitis, et consuetis. Volumus autem, ut viventi Montereyensi atque Angelorum Episcopo, te eatenus ingeras in Dioecesis administratione, quatenus ille valuerit, ae mandaverit. Porro omnibus et singulis ad quos pertinere poterit jubemus, ut te in Coadjutorem hujusmodi, et suo tempore in Episcopum Montereyensem atque Angelorum excipiant, admittant, tibique in omnibus faveant, praesto sint ac pareant tuaque salubria monita et mandata reverenter excipiant atque efficaciter ad impleant; secus sententiam seu poenam, quam vite tuteris staturisve in rebelles, ratam habebimus, cumque fociemus auctorante Deo, atque ad satisfactionem condignam inviolabiliter observari. Non obstantibus Apostolicus atque in universalibus Provincialibus que et synodalibus conciliis editis, generalibus, vel specialibus constitutionibus et ordinationibus, nec non dictae ecclesietum Mossynopolitanae cum Montereyensis atque Angelorum etiam juramento confirmatione Apostolica vel quavis firmitate alia roborati. Statutis, consuetudinibus caterisque contrariis quibuscumque. Datus Romae, apud Sanctum Petrum sub Annulo Piscatoris die XX Maii MDCCCLXXIII Pontificatus Nostri anno vicesimo septimo. (Soc. SIGIL.) F. CARD. ASQUINIUS. STATE OF CALIFORNIA, City and County of San Francisco, ss: John T. Doyle, being duly sworn, deposes and says: That he is acquainted with and versed in the Latin and English lauguages; that the original commission, or letter of appointment, constituting the Right Reverend Francis Mora coadjutor bishop of Monterey County (a copy of which is prefixed hereto) is in the Latin language, and that the paper hereto annexed is a correct translation thereof into the English language. JOHN T. DOYLE. Subscribed and sworn to before me this 26th day of June, 1878. [SEAL.] JAMES L. KING, [Translation.] To our beloved son, Francisco Mora, priest, vicar general of the diocese of Monterey and Los Angeles in California. POPE PIOUS IX. Beloved son, health and apostolic benediction. No sooner did our venerable Brother Thaddeus Amat, bishop of Monterey and Los Angeles, beseech us with ardent entreaties that, having regard to the infirmity of his bodily health, we would furnish him the assistance of a coadjutor bishop with the right of future succession, than we, solicitous for the spiritual welfare of that church, took counsel thereupon with our venerable brethren, the cardinals of the Holy Roman Church, who preside over the congregation of the propagation of the faith; and having diligently and attentively considered and weighed the reasons in support of such petition, decided to comply with the wishes of the aforesaid prelate, and to entrust to you, beloved son, the duty of such office; as we feel well assured by the most excellent reputation you enjoy for piety, prudence, and learning that you will, in the discharge of that office, most abundantly correspond to our expectation. Wherefore, we, who by a similar document issued by our authority, and bearing even date herewith, have nominated you bishop of Mossynopolis, in partibus infidelium, by this letter, and only for the purpose of the office herein referred to, absolving you and considering you as having been absolved from whatever excommunication, interdict, or other ecclesiastical censure, sentence and penalty, if any, in whatever manner, and for whatever reason incurred, do, in accordance with the advice of our aforesaid venerable brethren, in virtue of our apostolical authority, create and publicly declare you coadjutor of the above-mentioned bishop of Monterey and Los Angeles, with the right of succession to said diocese; and whenever by the death of the aforesaid prelate, or for whatever other reason, the see of Monterey and Los Angeles shall become vacant, we, releasing you nunc pro tune from all obligation binding you henceforth to your church of Mossynopolis, do, in virtue of the plentitude of our apostolical power, likewise create and constitute you, nunc pro tune, bishop of Monterey and Los Angeles, with all the honors, powers, rights, and prerogatives usual and customary. It is, however, our will that, while the present bishop of Monterey and Los Angeles lives, you will lend him your assistance in the administration of said diocese only in accordance with his desires and mandates. Moreover, we command every one and all who are or may be concerned to receive and acknowledge you as such coadjutor, and at the proper time, as such bishop of the diocese of Monterey and Los Angeles, and hereby enjoin on all the obligation to extend to you their favor, assistance, and submission in everything, and to receive with reverence your salutary admonitions and injunctions, and to carry them into execution, and if they should ever fail to do so, we shall ratify the sentence or penalty that you may have rightfully pronounced against or inflicted upon them, and shall by means of the power committed to us by God, inviolably enforce the said sentence or penalty, so as to exact condign satisfaction. And all our injunctions hereby decreed will have their full vigor, all and singular other contrary apostolical constitutions and regulations, general or special, issued either in universal or provincial or synodical councils, and likewise all statutes, customs, and other rules of the aforesaid churches of Mossynopolis and Monterey and Los Angeles, even if ratified by oath and apostolical confirmation, or corroborated by any other ratification whatever, to the contrary notwithstanding. Given at Rome, at St. Peter's, under the seal of the fisherman's ring, on the 20th day of May, 1873, the 27th year of our pontificate. [SEAL.] F. CARDINAL ASQUINI. STATE OF CALIFORNIA, County of Monterey, } 88: 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 proof of the succession of Francis Mora to Thadeus Amat as Roman Catholic bishop of Monterey, a corporation sole, as the same appears of record in my office in Book B, miscellaneous records of Monterey County, California, at page 3 and following. And the same has been compared by me with the original. Witness my hand and seal of said court this 13th day of June, A. D. 1902. [SEAL.] J. D. KALAR, Clerk. CITY OF LOS ANGELES, COUNTY OF LOS ANGELES, State of California, Diocese of Monterey and Los Angeles. I, the undersigned, George Montgomery, bishop of the diocese of Monterey and Los Angeles, do hereby certify and declare that the rules, regulations, and discipline of the Roman Catholic Church in the United States of America, and in said diocese, require for the administration of the temporalities of said church and for the management of the estate and property in said diocese that the bishop of said diocese should become and be a religious corporation sole. I also certify and declare that the manner in which any vacancy occurring in the incumbency of such bishop is required by the rules, regulations, and discipline of said church to be filled by appointment by the Roman Catholic chief bishop of said church, to wit, the Pope. According to the customs and usages of the church, the selection of a bishop is determined as follows: Six of the most prominent priests of the diocese, representing all the priests thereof, and known as the bishops' council, meet in consultation and agree upon a list of three names marked respectively as follows, to wit, one is marked worthy, another worthier, and the other worthiest. This list is then sent to the archbishop of the province. The archbishop thereupon calls a meeting of all the bishops of the province to either ratify the list proposed by the priests, or to select another list. If the bishops approve the list proposed by the priests it is forwarded to the Pope. If they propose a new list, they mark it in the same way and forward both lists to the Pope, with whatever remarks they may think fit to make; and from one of these two lists the Pope selects the appointee. I further certify and declare that heretofore, to wit, prior to the year A. D. 1894, it being thought that a coadjutor bishop of said diocese should be appointed to assist the Rt. Rev. Francis Mora, who ever |