Suffolk Probate and Family Court, 24 New Chardon Street, Boston Massachusetts
02114
Case No. 07e0072
DAVID E. ROBINSON, et al, pro se______________________ Plaintiff v. CHRISTIAN
SCIENCE BOARD OF DIRECTORS, et al______ Defendants
Exhibit DD The Question Before The Court
1. The question before the Court was: "Could the Board of Directors alone
declare a vacancy in the Trusteeship of the Publishing Society without the First
Members acting together with them?"
2. The mechanics of the whole case
hinged upon whether the power of declaring a vacancy in the Trusteeship of the Publishing
Society, which under its Deed of Trust was to be exercised by the First Members acting
together with the Board of Directors, could be exercised by the Board of Directors
alone, as they claimed it could, since the First Members had been dissolved.
3.
Justice Hughes contended that there was no legal precedent for such a devolution
of authority. However, Mrs. Eddy was the first party to go to law and place herself
under its protection, not the Trustees of the Publishing Society, when she affixed
her signature to her Deed of Trust.
4. The law was therefore the natural
guardian of the legal instrument. Mrs. Eddy's appeal was to the law at every point
of trust, and the law could not fail her, nor should it deny her documented appeal.
5.
Mrs. Eddy, in forming her Trust and signing her Deed, was acting under the law of
the land and seeking its protection, trusting the law, which would still be operating
after she had passed on, to see to it that her purpose was maintained and her desires
for the decentralizing of her Church were carried out.
6. The final arguments
were heard, December 1920 and decided the following year, on the day before Thanksgiving,
in 1921.
7. In Miscellany 13:4-15, Mrs. Eddy sets forth her concept of the
institution she founded. Here she declares the branch churches no more than planets
"revolving around " the sun, and wholly dependent on "the Mother Church
of Christ, Scientist, in Boston -- a mother and a ruling church," but only until
she passed on.
8. The fundamental issue here is not what kind of organization
shall be had, but simply whether an ecclesiastical organization shall be had at all.
9.
From the very beginning, Mrs. Eddy distrusted organization. Spirituality, she stated
was never the outgrowth of organization but something entirely separate from it.
10.
Under ordinary conditions, no one thinks of organizing or restricting in any way
one.s use of the science of mathematics, or music, because they are unlimited. The
whole world might use a single principle of either, at one and the same time, yet
neither science could be exhausted or over worked. These principles need no organization
to protect them to keep them pure and undefiled. Attempting to work contrary to these
principles brings disaster, while working in conformity with them inevitably brings
harmony and peace.
11. It is exactly the same in the fields of religion and
law. Christianity thrived when it depended entirely upon its works rather than upon
an institution.
12. Unhampered by institutional control, mathematics has achieved
universal acceptance, its principles being studied, practiced, and promoted, throughout
the world, wholly on the strength of its value and practicality.
13. It is
true that there gradually appeared in the early church such titles as bishops, priests,
deacons, pastors, teachers, and evangelists, but it all seems to have been worked
out on the basis of natural .gifts. given by the spirit of Nature, of God.
14.
A man.s gifts for a certain work automatically confers that work upon him. If he
has the gifts of healing, he automatically becomes a healer; organization does not
give the gift to him, nor can orgainzation take it away. If he doesn.t heal the sick
the sick will not come to him. If he does heal the sick nothing can keep them away.
15.
The early Christians did not invent these offices, nor coin these words. There were
bishops (overseers) in many walks of life long before the days of Christianity. Deacons
were simply messengers of any kind; pastors were shepherds in the field; while priests
were those appointed to perform ceremonial services.
16. Deep down in their
hearts, the early Christians never thought of duties apart from their abilities and
gifts.
17. In Cranmer.s edition of Tyndale.s translation of the Bible, the
Greek word for .church. in the Authorized Verson is rendered "congregation."
18. Religion must be emancipated from the stultifying effects of organization.
It is generally conceded that the disciples of Jesus gave little thought to organization.
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