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 ZZ Time Tells All Stories True
"Take heed...unto yourselves.... For...after my departing shall grievous
wolves enter in among you, not sparing the flock ...of your own selves shall men
arise, speaking perverse things, to draw away disciples after them." --
Acts 20:28-30.
1. This is what happened after the departure of our Leader,
Mary Baker Eddy.
2. While Mrs. Eddy was with us, her five-member ecclesiastical
Board of Directors asked her to change or remove the by-law in the church Manual
on page 26 (Article 1, Section 5) that required her approval -- as the Pastor Emeritus
of her Church -- of "that Board" (Ibid, line 21); but she refused.
3.
Lacking her approval, that Board and the Mother Church were to dissolve at Mrs. Eddy
passing. In effect, she had refused to appoint them to be her successor. Her four-member
fiduciary Board had been given control of The First Church of Christ, Scientist,
in Boston, Massachusetts, and its real estate, as a stipulation of the use of the
land it occupied.
4. This report calls on students of Christian Science to
choose between obeying an officious board who claims to be Mrs. Eddy's successor,
as they have claimed since 1910, or obeying the church Manual that our Leader authorized
and wrote.
5. Mary Baker Eddy brought us the Second Coming of the Christ.
6.
The great need of the hour is to see Mrs. Eddy in her rightful place in world consciousness.
This will again .reinstate primitive Christianity and its lost element of healing.
(Manual, p.17, line 12), as it was presented by Jesus Christ.
7. Mrs. Eddy
said, in a letter to Judge Septimus J. Hanna, "The truth about your Leader heals
the sick and restores harmony."
8. Only as the world acknowledges her,
as it now acknowledges Jesus, who said that "greater works" than his would
be done (John 14:12), will quick and certain Christian healing be restored in these
"latter days."
9. When the world acknowledges Mrs. Eddy again, as
it did before she left us in 1910, the healing power that prevailed in her time --
and for a few decades after she left, on the momentum she built up -- will be revived.
A
MATERIAL CHURCH ORGANIZATION
10. After discovering Christian Science, Mrs.
Eddy and six of her students organized the first Christian Scientist Association
on the fourth of July, 1876, the centennial anniversary of our Nation's Declaration
of Independence (Ret. 43:21-23), and three years later, at a meeting on April 19,
1879, they voted to organize a church without creed, to be called the "Church
of Christ, Scientist" (Ibid, 23-5 n.p.). Its Charter was obtained in June of
that year (Man. 18, lines 3,4).
11. This Christian Science Church exercised
no centralized control over other Christian Science Churches, nor Christian Scientists.
And when the time came for the Church to go forward in spiritual association alone,
Mrs. Eddy dissolved its material organization, in 1889, after ten years of more or
less chaos due to inter-organizational strife.
A SECOND CHURCH ORGANIZATION
"Who
can find a virtuous woman? for her price is above rubies. She considereth a field
and buyeth it: with the fruit of her hands she planteth a vineyard." -- Prov.
31:10, 16.
12. Three years after Mrs. Eddy dissolved the material organization
of her church -- after three years of great prosperity and progress while dissolved
and to accommodate her students desire for a fixed place of worship -- Mrs. Eddy
conveyed, by legal Deed of Trust, a transfer of land "for Church Edifice"
(Man. 128) to four Trustees "to be known as the Christian Science board of Directors...a
perpetual body or corporation." (Ibid, Man. 130).
13. .This deed of conveyance
[was] made upon the following express trusts and conditions. (restrictive covenants),
one of which stipulated that "Said Board shall within five years...build upon
said lot of land...a suitable and convenient church edifice" (covenant #2).
A further restrictive covenant required that "said Board...shall maintain public
worship...in said church, and...make any and all necessary rules and regulations...for
this purpose" (covenant #3).
14. These restrictive covenants had to be
strictly obeyed as the conditions of the congregation.s use of the land on which
the church edifice was to be built.
15. A further restrictive covenant stipulated
that "Said Board shall not suffer or allow any building to be erected upon said
lot except a church building or edifice, nor shall they allow said church building
or any part thereof to be used for any other purpose than for the ordinary and usual
uses of a church" (covenant #4).
16. To permanently attach the church edifice to the lawfully restricted use of
the land, another restrictive covenant required that "Said church building shall
not be removed from said lot except for the purpose of rebuilding thereon a more
expensive or a more convenient structure..." (Covenant #8).
17. Then
to permanently attach the church Manual to the lawfully restricted use of the land,
and to make it a legal instrument that is seen as law by Law, Mrs. Eddy, in her legal
Deeds of 1903-1904 and "In addition to the trusts (covenants) contained in said
deed of September 1, 1892," attached "the further trusts (covenants) that
no new...by-law shall be adopted, nor any...by-law amended or annulled...unless the
written consent of said Mary Baker G. Eddy, the author of the textbook Science
and Health with key to the Scriptures, be given therefore.... to said 1892 Deed
of Trust... Conveying land for Church Edifice.... recorded with Suffolk Deeds, Book
2591, page 398..." (Man. 136).
18. Three weeks after the transfer of
land by the 1892 real estate Deed of Trust, in acquiescence to the coaxing of her
students and to finish the history of her church, Mrs. Eddy reluctantly directed
them to once again form an organization, under her guidance and control as a "suffer
it to be so now" (Matthew 3:15) temporary association. Her students met on September
23, 1892, and formed the second Church organization and named its congregation, "The
First Church of Christ, Scientist, in Boston, Massachusetts" (Man. 18, line
17 and Man. 132, covenant 6).
19. The fact that Mrs. Eddy did not attend this
meeting is highly significant of her feelings about this socalled "progressive"
(regressive) move. A mother sometimes lets her children find out things the hard
way, when no other way will do.
20. SECTION 1 of Chapter 39 of the Public
Statutes of the Commonwealth of Massachusetts permitted the four Director/Trustees
to be "a perpetual body or corporation" (Man. 130, covenant 1) for the
purpose of holding church property and funds, without organizing the Church as a
corporation licensed by the State. Hence, the action of her students was merely palliative;
they legally organized nothing at all, leaving the Church free from State influence
and control.
21. Mrs. Eddy was determined that any semblance of material organization
should last only so long as she was personally here with her students to guide them;
which she did with a wise and firm hand.
22. Three years later (1895), Mrs.
Eddy published the "Church Manual of the First Church of Christ, Scientist,
in Boston, Massachusetts," its actual title as shown on the title page (Man.
page 1), and in the box on the frontispiece (Man. page 3), of its first edition,
to impersonally direct and govern her Church and its members in her stead.
23.
Three years after that (1898), Mrs. Eddy conveyed by legal Deed of Trust, a second
transfer of land on which to establish an independent Christian Science Publishing
Society "for the purpose of more effectually promoting and extending the religion
of Christian Science as taught by me."
24. Five years later, in February
of 1903, Mrs. Eddy added a fifth member to the four-man fiduciary Board of Director/Trustees
of The First Church of Christ, Scientists, in Boston, Massachusetts, to established
a temporary, ecclesiastical Board of Directors for what was then and is now called
"The Mother Church," to prepare for its dissolution at her demise.
25.
The following month (March, 1903) -- to accommodate the need for an enlarged place
of worship for the annual Communion Service which drew many church members from near
and far -- Mrs. Eddy conveyed, by legal Deeds of Trust, a transfer of land "for
Church Purposes" (Man. 136) to the four Director/Trustees of her Boston Church,
on which was to be built a large Extension.
26. Next Mrs. Eddy established
a permanent system of Checks and Balances for the government of her Church, by instituting
additional by-laws, to bring all of the conditions of The Christian Science Publishing
Society, and its real estate Deed of Trust, under her governing Church Manual.
27.
The fact that Mrs. Eddy never entered the large Extension to her Church is highly
significant of her feelings about this so-called "progressive" (regressive)
move. Mrs. Eddy was not even a member of her Church; she refused it as a gift after
it was completed in 1894 saying, "I have more of earth than I desire...my work
for The Mother Church is done."
RESTRICTIVE COVENANTS DEFINED
28.
Restrictive covenants in real estate Deeds of Trust are privately imposed limitations
on the use of real property, that are imposed by a landowner and set forth in a legal
Deed of Trust (in this instance, the legal Deeds of Trust) or in a separately recorded
legal Declaration (in this instance, Mrs. Eddy's church Manual).
29. Such
covenants constitute an "appurtenance" to the real property and "run
with the land." In other words, the limitations of the restrictive covenants
transfer to the new owner or owners with the transfer of the real estate Deed of
Trust, that consummates the deal.
30. An "appurtenance" in real
estate Law, is a right, privilege, improvement, limitation, or obligation that passes
on with the land as an incident to its use; such as a right of way, or an obligation
to do something or not do something, or to specifically perform in some way (in this
instance, the specific performance of the restrictive covenants in the Deeds of Trust
and in the Manual at page 105).
31. Restrictive covenants in real estate Deeds of Trust are enforceable as law
by Law.
32. The restrictive covenants were cited in the by-laws of the Manual
of the Church, to protect her Revelation from the manipulations of the human mind.
The restrictive covenants require that the use of church property be, "on the
further trusts that no new tenet or by-law shall be adopted nor any tenet or by-law
amended or annulled by the grantees unless the written consent of said Mary Baker
Eddy, the author of the textbook SCIENCE AND HEALTH WITH KEY TO THE SCRIPTURES
be given therefore. (Man. 137 and 105). Mrs. Eddy referred to "the textbook"
in the Deeds of Trust, and to "our textbook" in the Manual of the Church.
33.
The last by-law in her governing church Manual likewise requires that the by-laws
shall not be altered nor annulled without Mrs. Eddy's explicit consent. This covenant
in her Manual makes it a legal instrument that is seen "as law by Law."
It requires obedience to all of the covenants in the church Manual.
34. Mrs.
Eddy insisted on leaving the estoppel covenants in her church Manual even though
she was repeatedly asked by her five-member ecclesiastical Board of Directors to
modify or remove them, and warned that if she did not, the Church would be crippled
at the time of her passing. She firmly insisted that they were "God directed
and would stand as is." Mrs. Eddy made them a part of the legal Deeds of Trust.
35.
The estoppel covenants in the Manual, terminated the Mother Church and its ecclesiastical
Board and other Officials at Mrs. Eddy's passing, leaving remaining, The First Church
of Christ, Scientist, in Boston Massachusetts, to operate as a unique, "detached
branch," since every vital activity of the Mother Church required Mrs. Eddy's
written approval or some other type of consent.
36. The intent of the Manual
of the Boston Church is to liberate the "Science of Christian Science"
from the shackles of organized religion and ecclesiastical monopoly, and so begin
to solve for mankind the problem of life seemingly held captive to matter. The real
Church, The Church of Christ, Scientist, is a spiritual state of consciousness which
everyone will some day attain in witness to the truth.
37. Mrs. Eddy discontinued
the Mother Church and its "mothering" activities, at her passing, to prevent
the development of an ecclesiastical hierarchy and the idolatry of loyalty to five
officious individuals in Boston, rather than to divine Principle, leaving the Boston
Church to operate as a unique Branch, detached from the Vine, growing directly from
the Root (Rev. 5:5, 22:16).
38. The Theocratic government of Mary Baker Eddy's
Mother Church, passed on with her at her departure. The high standard of Theocratic
government which she maintained, by obeying God.s prompting, should never have been
replaced by a dictatorial regime of five individuals in Boston. Had she intended
for this to happen, she would have legally enacted the Mother Church as she did the
Publishing Society and the local Boston Church, both of which she established on
the firm foundation of legal real estate Deeds of Trust, with conditions of use (restrictive
covenants) attached.
39. Material organization and voluntary association are
not the same. Both cannot be obeyed, for one absolutely destroys the other, since
one or the other becomes, to us, supreme.
THE JUDASIAN BETRAYAL
40.
Within weeks of Mrs. Eddy's passing the five-member ecclesiastical Board of Directors
put forth a revised church Manual of their own -- the doctored, 89th Manual -- and
falsely announced themselves to be Mrs. Eddy's successor, and gradually assumed the
papal, kingly position of "the highest ecclesiastical court in the land,"
in continuing the government of The Mother Church after the Annual Meeting of June,
1911, when this could only be done by breaching the restrictive covenants in the
real estate Deeds of Trust and annulling the estoppel covenants in the Manual that
required that the by-laws of the church Manual be neither amended or annulled.
41.
The Directors' refusal to obey the restrictive covenants in the real estate Deeds
of Trust and the estoppel covenants in the Manual of the Church led to a number of
lawsuits, the most notorious being The Great Literature Litigation of 1919.
42.
The Bill in Equity that the three Publishing Society Trustees filed with the court
named the four-member fiduciary Board of Director/Trustees of the Boston Church,
not the five-member ecclesiastical Board of The Mother Church, because "that
Board" did not come under the jurisdiction of secular law; therefore the distinction
between The Boston Church and The Mother Church was at first hidden from the court.
OBFUSCATION
OF THE FIELD
43. The church membership has been misled through skillful propaganda
to believe that the five-member ecclesiastical Board of Directors are Mrs. Eddy's
Successor, which according to the Manual by-laws they are not.
44. What's
more, the ecclesiastical Board of the to be dissolved Mother Church forced the once
independent Publishing Society into undeclared bankruptcy by creating a hostile financial
embargo of its publications by influencing the Church membership to cancel their
subscriptions to the periodicals of the Church.
45. Because of this financial
assault, the Publishing Society Trustees lacked the funds needed to carry an appeal
to the Supreme Court of the United States. The Directors of The Mother Church were,
however, found guilty of contempt of court, regarding a court order against such
an assault, and fined for their contempt of court and their contempt of the Publishing
Society Trustees.
46. When Mrs. Eddy drew up her Will, in 1901, only the four-member fiduciary
Trustee/Board existed at that time. The five-member ecclesiastical Board was not
created until just before the 1903 conveyance of land for the Extension of the Church.
The five-member Board.s failure to account for the controlling real estate Deeds
of Trust in the Great Litigation make the second and last codicil to her Will conclusive.
47.
The Court said,"Every instrument in writing is to be interpreted with a view
of the material circumstances of the parties at the time of execution. A trust instrument
is to be so constructed as to give the effect to the founder's intent as manifested
by the words used, illumined by all attendant factors."
MARY BAKER EDDY'S
INTENT
48. The court stated that to understand the founder's "intent"
according to law, "all the attendant factors" in the case must be considered
by the court, and that "at the time of the execution. of the first of the ten
Deeds of Trust in 1903, Mrs. Eddy had explicitly provided for two distinct Christian
Science Boards of Directors -- a fiduciary Board and an ecclesiastical Board."
49.
Mrs. Eddy intended for the five-member ecclesiastical Board to be temporary, subject
to the restrictive covenants of the real estate Deeds of Trust and the covenants
in the Manual of the Church.
50. Mrs. Eddy's personal attorney, General Frank
Streeter, acting in accord with the "law of agency," opposed the five-member
ecclesiastical Board's waiver, abandonment, and avoidance of the estoppel by-laws
that Mrs. Eddy had imposed on every church member, including herself, contending
that his client (Mrs. Eddy) intended that the estoppel by-laws be expressly obeyed
as written.
THE FINDINGS OF THE COURT
51. 1. The Court Ruled on only
one point -- that the four-member fiduciary Board of Director/Trustees of The First
Church of Christ, Scientist, in Boston, Massachusetts -- the board that was named
in the suit -- could discharge a Trustee of the then self-perpetuating independent
Christian Science Publishing Society. The Trustee's suit was therefore dismissed.
52.
2. The Court identified and recognized an ecclesiastical board of five Directors
under the Manual, and a fiduciary board of four Directors under the 1892 real estate
Deed of Trust.
53. 3. The court never gave the ecclesiastical Directors the
right to arbitrarily rule the Christian Science Church as Mrs. Eddy's successor,
as they have been doing since 1910.
54. 4. The court, instead, declared its
opinion that the estoppel covenants legally control the church Manual (the court
was never asked for a ruling on this).
55. The all-important 1903-1904 Deeds
of Trust that legally control the Manual have never been taken into account in a
court of law. Nor have annulments or breaches of trust ever been considered by the
courts!
WHY NO APPEAL?
56. 1. As mentioned, the Trustees of the Christian
Science Publishing Society made no appeal to the United States Supreme Court because
the Directors of the Mother Church had bankrupted them.
57. 2. ...and the
members, not having full disclosure of the facts, acquiesced.
58. 3. What's
more, the Directors conspired for the Attorney General of the Commonwealth of Massachusetts
to intervene on their behalf, in gross violation of the "establishment"
clause in the Constitution of the United States.
IN SUMMATION
59. Mary
Baker Eddy's intent is to ensure eternal freedom of conscience to her students, in
keeping with the Christian Science Magna Charta (Misc. 246,247) and the Christian
Science Declaration of Independence (S&H 106:6-10).
60. Mrs. Eddy's forever
directive to her Church is that the estoppel covenants in her church Manual are legally
binding, and hence must be obeyed.
"The house of the wicked shall be
overthrown: but the tabernacle of the upright shall flourish." -- Proverbs 14:11.
"The
students who truly love me are they who obey carefully my explicit instructions.
Such are saved from the toils of the evil one." -- Mary Baker Eddy.
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