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Proof of succession of the Rt. Rev. George Montgomery, R. C. Bishop of Monterey.

[Stat. 1852, p. 168, Civ. Code, sec. 602.]

State of California,
County of Los Angeles, ss:

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 catfse 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.


[seal.]
Francis Mora, Bishop of Monterey.

State of California,
City and County of Los Angeles, ss:

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 [Page 388]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.


[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 says—

That 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,
Bishop of Monterey.

Subscribed and sworn to before me this 29th day of June, 1878.

[seal.]

A. C. Holmes,
Notary Public.,

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, [Page 389]pro eaqua egregio commendaris, religionis, prudentiae, expectation Nostrae cumulatissime responsurum. Quae cum sita sint, te quern per similes Nostras litteras, hoc ipso die datas, Episcopum Mossynopolitamum, in partibis infidelium, renuntiavimus, hisce litteris ab quibisvis excommunicationis et inter dicti aliisque ecclesiasticis censuris, sententiis et poenis, quovis modo, vel quovis de cause latis, si quas forte ineurristi, 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 Monterey ensis et Angelorum. Sedes vacaverit, a vinculo, quo tuae isti Mossynopolitanae Ecclesiae adstrictus deteniris, nunc pro tunc, de Apostolicae potestatis Nostrae plenetudine, solventes in Episcopum Monterey ensis atque Angelorum, nunc item pro tanc facimus et constituimus, cum singulis atque universis honoribus, facultatibus, juribus et praerogativis solitis, et consuetis. Volumus autem, ut viventi Montereyensi atque Angelorum Episcopp, 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 senr tentiam seu poenam, quam vite tuteris staturisye 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 Monterey ensis atque Angelorum etiam juramento confirmatione Apostolica vel quavis firmitate alia roborati. Statutis, consuetudinibus caterisque contrariis quibuscumque.


(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 languages; 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,
Notary Public.
[Page 390]
[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 yon 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 tunc 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 tunc, 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 [Page 391]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.


[seal.]
F. Cardinal Asquini.
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 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.


[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 [Page 392]since the year 1873 had been, first coadjutor bishop and then bishop of said diocese; thereupon in accordance with the said rules for the selection of an appointee for said position of coadjutor bishop for said diocese the required list of names was prepared and duly authenticated and forwarded to the Pope, to wit, Leo XIII, one of which said names so fowarded was that of the undersigned George Montgomery. That afterwards and in accordance with said rules and practices regulating such appointments, to wit, on the 26th day of January, 1894, the said Pope Leo XIII duly issued his letters of appointment duly attested, designating and appointing the said undersigned “coadjutor of the aforesaid bishop of Monterey and Los Angeles with the right of succession,” as will more fully appear by said original letters of appointment, a copy of which is attached hereto, marked “Exhibit A,” and also by reference to a duly authenticated translation thereof into English, hereto attached and made a part of this statement, and maiked “Exhibit B.”

I do certify and declare that under and in pursuance of said appointment the said undersigned duly assumed and entered upon the discharge of the duties of said office in the month of April, 1894, and has continued to discharge said duties ever since.

I further certify and declare that heretofore—to wit, on or about the first day of February, 1896—said Rt. Rev. Bishop Francis Mora duly tendered to the Pope his resignation as the bishop of said diocese, requesting to be relieved of said office, and that thereafter—to wit, on the sixth day of May, A. D. 1896—the said resignation was duly accepted by said Pope Leo XIII. All of which will more fully appear by reference to a duly authenticated copy of the Pope’s original letter of the last-named date accepting said resignation, which said copy is attached hereto, marked “Exhibit C,” and by a duly authenticated translation thereof hereto attached, marked “Exhibit D,” all of which said documents are made a part hereof.

I further certify and declare that by reason of the premises and of the said appointment of the undersigned as coadjutor bishop of said diocese with the right of succession, and by reason of the said resignation of said Rt. Rev. Francis Mora of his said office of bishop of said diocese, and the acceptance of said resignation by the said Pope, the said undersigned has succeeded to and now holds said office of Roman Catholic bishop of the said diocese of Monterey, a religious corporation sole, duly incorporated and existing under the laws of the State of California, residing and having its principal place of business in said city of Los Angeles, county of Los Angeles, State of California.

And in proof of my appointment and selection as such bishop as aforesaid, I cause to be recorded herewith a duly attested copy of my commission or letter of appointment constituting me the coadjutor bishop of said diocese with the right of succession; also a duly attested copy of the letter of Pope Leo XIII accepting the resignation Rt. Rev. Francis Mora, my predecessor, to whose said office I have succeeded; also a duly authenticated translation of each of said letters.

In witness whereof I have hereunto signed my name and the name of said office and religious corporation sole, and affixed my episcopal seal, being the seal of said corporation sole, together with my verification of the truth of this statement.

[corporation seal of the r. c. bishop of monterey.]
Geo. Montgomery.
[Page 393]

State of California,
County of Los Angeles, ss:

On this 13th day of October, in the year one thousand eight hundred and ninety-six, before me, William R. Burke, a notary public in and for said county of Los Angeles, State of California, personally appeared Geo. Montgomery, known to me to be the person whose name is subscribed to the within instrument, and acknowledged that he executed the same.

In witness whereof I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written.

[notarial seal.]
William R. Burke
Notary Public in and for Los Angeles County,
State of California.

Exhibit A.

Leo P. P. XIH. Dilecti fili: Salutem et Apostolicam benedictionem:

Cum Venerabilis Frater Franciscus Mora Episcopus Montereyenis et Angelorum provinciae Ecclesiasticae S. Francisci in Statibus foederatis Americae Borealis instanter petiisset, ut Coadjutorem sibi largiremur, quo cum ipse aetate gravis laborisque confectus onus administrandae dioceseos dividere posset. Nos huiusmodi causis maturae perpensis, de consilio etiam venerabilium Fratum Nostrorum S. R. E. Cardinalium S. Congregationi Fidei Propagandae xx praepositorium, memorati Antistitis precibus annuendum densuimos, teque, dilecti fili quern eximio laudem testimonia commendant, ad hoc rnanus eligendum existimavimus. Te igitur dilecte fili, quern per similes Nostras litteras hos ipso die datas titularis Ecclesiae Thumiterisis Episcopum, renunfiavimus, peculiari benevolentia complectentes, et a quibus vis excommunicationis et interdicti aluisque ecclesiasticis sententiis censuris et poenis quovis modo vel causa Jatis se quas forte incurreris, huius tan turn rei gratia absolventes et absolutem fore censentes, hisci litteris in Coadjutorem cum futura successione praefati Episeopi Montereyensis et Angelorum auctoritate nostra Apostolica facimus et constituimus teque quandocumque per obitum dicti Antistitis vel aliam quam libet causam sedes Episcopalis Montereyensis et; Angelorum vacaverit, in Episcopum eiusdem Sidis nunc pro tunc eligimus et constituimus, cum omnibus et singulis honoribus, facultatibus, privilegiis, quae de iure vel consuetudine Episcoporum sunt propria. Dicernimus insuper, ut per huiusmodi successionem tuam memorata. Sedes titularis Thumuiteniis eo ipso vacet teque similiter nunc pro tunc de Apostolicae potestatis nostrae xxxxxx plenitudine a praef actae Sedis vinculo absolvimus. Volumus autem, ut vivente memorato Antistite eatenis te ingeras in Diocesus administrationem quatenus ipse voluerit ac mandaverit. Jubemus denique omnibus ac singulis ad quos spectat seu spectavit, ut te ad hoc Coadjutoris xx officium et suo tempore in Episcopum memoratae Sedes Montereyensis et Angelorum recipient et admittant tibique in omnibus pareant faveant, ac praesto sint tuaque mandata reverenter suscipiant atque ad impleant secus sententiam seu poenam, quam in rebelles rite tuleris seu statueris rotam habebimus, at que faciemus usque ad satisfactionem condignam inviolabiliter observari. Non obstantimus in contrarium facientibus quibuscumque.

[Page 394]

Pro Don Card, Serafini:
[l. s.]
Nicolaus Marici Sub.

Dilecto Filio Georgio Montgomery.

Exhibit B.

Leo, the Thirteenth Supreme Pontiff. Beloved son, health and apostolic benediction.

When our venerable brother, Francis Mora, bishop of Monterey and Los Angeles, with whom he, overpowered by age and heavy labors, might share the burden of the administration of the diocese, we, having carefully considered the reasons of this request and having taken counsel with our venerable brothers, the cardinals of the holy Roman Church, who preside over the sacred congregation of the propagation of the faith, have decided to comply with the wishes of the aforesaid bishop, and have determined to choose for that office you, beloved son, whom excellent testimonies of praise recommend to us. Therefore, beloved son, we, cherishing with special benevolence you, whom by similar letters we have announced as the bishop of the titular church of Thumi, only on account of this office absolving you and wishing that you be absolved from whatever excommunication and interdict or other ecclesiastical judgment, censure, and penalties, in whatsoever manner and for whatsoever reasons imposed, if by chance you have incurred any, do by these letters and by our apostolic authority make and appoint you coadjutor of the aforesaid bishop of Monterey and Los Angeles, with the right of succession, and whenever by the death of the said bishop or for whatever other reason the episcopal see of Monterey and Los Angeles will become vacant, we now for then choose and appoint you the bishop of this same see, with all the honors, powers, and privileges which by right or custom belong to bishops. Moreover, we decree that by this your succession the aforesaid titular see of Thumi becomes vacant; and likewise we, by the plenitude of our apostolic authority, now for then, free you from the charge of the aforesaid see. However, we desire that, while the aforesaid bishop lives, you will assist in the administration of the diocese as much as he will wish and command. Finally, we order all and every one to whom it will now or will concern to receive and acknowledge you for this office of coadjutor and in the proper time as the bishop of the aforesaid see of Monterey and Los Angeles and in all things obey, favor, and assist you and reverently to undertake and fulfil your commands, otherwise we will ratify and inviolably enforce, until condign satisfaction be made, the sentence or penalty which you will have rightfully inflicted or pronounced against the rebellious, anyone acting to the contrary notwithstanding.


For His Eminence Cardinal Serafini.
Nicolas Marici.

To our beloved son George Montgomery.

[Page 395]

Exhibit C.

Leo PP. XIII. Venerabilis Prater Salutem et Apostolicam Benedictionem. Apostolatus afficcium, meritis licet imparibus. Nobis ab alto commissum, quo Ecclesiarum omnium regimini divina providentia praesidemus utiliter exsequi adjacente Domino satagentes sollivété corde reddimur at Solertes, ut sum de earumdem Ecclesiarum regiminibus agitur Committendes, tales cis in Pastores praeficere studeamus, qui populum suae curae creditum sciant non solum doctrina verbi, sed etiam exemplo boni operis informare, commissas que sibi ecclesias pacifico et tranquillo velint et valeant auctore Domino salubriter regere et gubernare. Dudum siquidem provisionem Ecclesiarum omnium nunc vacantium et in posterum vacaturum ordinationi et disposition! nostrae reservavimus, decernentes ex tunc irritum et inane si secus super his a quo quam quavis auctoritate scienter vel ignoranter contigerit attentari. Iam vero Episcopali Ecclesia titulari Hieropolitana in Phrygia salutari sub Archiepiseopo Synnadensi Pastoris solatio certo modo destituta Nos ad ipsius provisionem in qua nemo praeter Nos se potest, rec poterit immiscere, reservatione ac decreto superdictis obsistentibus, paterno studio intendentes, post deliberationem, quam hac super re cum Venerabilibus Fratribus Nostris S Eomanae Ecclesiae Cardinalibus negotus Propagandae Fidei praepositis habuimus diligentem ad te Venerabilis Frater, qui Montereyensem Angelorum Ecclesiam sponte in manibus nostris demisiste, oculos mentis nostrae convertimus. Quare te a vinculo ipsius dimissae Ecclesiae quatenus opus sit de apostolicae potestatis plenitudine solventis et a quibusns excommunicationis et interdicti aliisque Ecclesiasticis censuris, sentenus ac poenis, si quasforto incurreris, hujus tantum rei gratia absolventos et absolutum fore concentes, eadem Auctorisiam transf erimus, teque illi in Episcopum praeficimus et Pastorem, curam, regimen et administrationem eiusdem Ecclesiae tibi in spiritualibus et temporalibus plenare Committendo certa spe f reti, te omnia ad majorem Dei gloriam, sempiternamque animarum salutem esse expleturum. Verum tamen tibi indulgemus ut donee praedicta Hieropolitana Ecclesia inter mere titulares consistet, ad illam accedere et apud earn personaliter residere minime tenearis. Non obstantibus constitutionibus et ordinationibus Apostolicis, nec non dictarum Ecclesiarum Montereynsis Angelorum et Hieopolitanae etiam, juramento, confirmatione apostolica, vel quavis firmitate alia roboratis statutis et consuetudinibus caeterisque contrariis quibuscumque.


[l. s.]
C. Carn. de Ruggieno.

Venerabili Fratri Francisco Mora,
Episcopo dimissionario Montereyensi Angelorum.

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.

Joachim Adam.

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.


[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.