“. . . if the trumpet give an uncertain sound, who shall prepare himself for battle?” — I Corinthians 14:8
malfeasance (mal-fee-zents), n. A wrongful or unlawful act; esp.
wrongdoing or misconduct by a public official:
MISFEASANCE IN PUBLIC OFFICE.
--- Blacks Law Dictionary, 7th edition, page 968.
August 8, 2010 — Registered Mail RR 764 879 405 US
In Commerce, everything must be stated in Truth.
I, David Everett
Robinson, a Private Person, a Living Soul, a Creditor, Claimant, and Secured Party
upon the land of Maine, a Republic in the county called Cumberland, AUTHOR OF MARY
BAKER EDDY DISOBEYED, and NOT a STATUTORY PERSON, do hereby solemnly declare, say,
and state. (a) Secured Party is competent for stating the matters set forth herewith;
(b) Secured Party has personal knowledge about the facts stated herein; (c) Everything
stated in this TRUTH AFFIDAVIT is the Truth, the Whole Truth, and nothing but the
Truth and all stated is true, correct, complete, and not misleading. NO THIRD PARTIES
ALLOWED.
PLAIN STATEMENT ABOUT THE FACTS:
(a) For Resolving
a Matter it must be expressed (b) In Commerce Truth is Sovereign; (c) Truth is expressed
in the Affidavit Form; (d) An Unrebutted Affidavit stands as Truth in Commerce; (e)
An Unrebutted Affidavit becomes the judgment in Commerce; (f) A Truth Affidavit,
under Commercial Law, can only be satisfied by a Rebuttal about the Truth Affidavit,
point for point, by payment, by agreement, by resolution by a jury according by the
rules for Common Law.
A LAWFUL CONTRACT has: (1) Offer; (2) Consideration;
(3) Acceptance by all Parties for the Contract and; (4) The Signatures by all Parties
involved with the Contract. Only the parties signing the Contract can participate
in the discussion of the Contract. Full disclosure about the CONTRACT is imperative.
THE FACTS
(1) December 23, 2008: Mother Church Counsel Kevin Ness
demanded that Robinson “find titles for your publications that do not include the
words ‘Christian Science Monitor.’”
(2) January 6, 2009: Robinson accepted
Kevin Ness’s demand to “find titles for your publications that do not include the
words ‘Christian Science Monitor’” and renamed his publication: CHRISTIAN SCIENCE
BEACON OF BRUNSWICK, MAINE . . .
. . . and claimed the right to call himself:
CHRISTIAN SCIENCE PRACTITIONER OF BRUNSWICK, MAINE . . . and . . .
. . . that
it is his understanding that the “Christian Science Family of 10 Marks” that cannot
be used without the permission of the church are:
THE CHRISTIAN SCIENCE MONITOR
CHRISTIAN SCIENCE JOURNAL
CHRISTIAN SCIENCE
SENTINEL
CHRISTIAN SCIENCE HERALD
CHRISTIAN SCIENCE SUNDAY SCHOOLS
CHRISTIAN
SCIENCE ORGANIZATIONS
CHRISTIAN SCIENCE LECTURES
CHRISTIAN SCIENCE READING
ROOMS
CHRISTIAN SCIENCE CHURCHES
CHRISTIAN SCIENCE PUBLICATIONS
(3) January 15, 2009: In response to a second letter from Kevin Ness dated
January 14, 2009, Robinson claimed his right to refer to himself as a CHRISTIAN SCIENCE
PRACTITIONER and CHRISTIAN SCIENCE MENTOR and to name his publication CHRISTIAN SCIENCE
BEACON OF BRUNSWICK, MAINE . . . unless Kevin Ness proved to him that the descriptive
adjective and term “CHRISTIAN SCIENCE” is NOT in the public domain.
Robinson
asked Kevin Ness to confirm within 30 days that he agrees that the adjective and
term “CHRISTIAN SCIENCE” is now in the public domain, and that he will “hassle” Robinson
no more, and that his silence on this issue will be taken as his assent.
Kevin
Ness agreed by his silence that the adjective and term “CHRISTIAN SCIENCE” is now
in the public domain, and that he will “hassle” Robinson no more.
THIS
ISSUE WAS THEN DEEMED CLOSED.
(4) April 13, 2009: Robinson responded to New York Trademark Attorney Ronald Meister’s letter of April 10, 2009 stating that he [Robinson] believes that his use of the terms . . . CS Mentor of Brunswick, Maine and CS Beacon of Brunswick, Maine . . . are not an imitation of the “Christian Science Family of Marks” nor are they confusingly similar to them any more than the following independent terms and domain names used by others:
Christian Science Links
Christian Science Today
Christian Science Homes
Christian
Science University
Christian Science Endtime Center
Christian Science Church
of Transfiguration
christianscience.net
christianscience.org
christiansciencelinks.com
christiansciencehomes.org
christiansciencelibrary.com
cslibrary.com
csandme.com
csinafrica.com
cspractice.com
csdirectory.com
csfirstlessons.com
csindependent.com
. . . and that he would be happy to comply with Meister’s request if Meister persuades
these others to do likewise.
Robinson asked Meister to provide documented
evidence that the adjective and term “Christian Science” is not a generic term being
used in the public domain.
Ronald Meister failed to provide such evidence
and agreed by his silence that the adjective and term “Christian Science” is a generic
term in the public domain.
THIS ISSUE WAS THEN DEEMED CLOSED.
(5) July 8, 2009: Robinson established the website christian-science-institute.org
(6)
August 27, 2009: Robinson established the following websties:
christianscienceinstitute.com
christianscienceinstitute.net
christianscienceinstitute.org
(7) February 11, 2010: Ronald Meister once again claimed that these website
titles infringe on the “Christian Science Family of Marks” even though this issue
was deemed closed. ( 3)
(8) February 17, 2010: Robinson stated that
“I would be happy to answer your clients complaint point by point on the condition
that they answer my complaint recorded in the Commonwealth of Massachusetts Appeals
Court in Boston, Massachusetts point by point.”
Re: David E. Robinson
v. Christian Science Board of Directors, 2008-P-0583.
Ronald Meister failed
to respond and therefor left the field of battle in default.
THIS ISSUE
WAS THEN DEEMED CLOSED.
(9) April 10, 2010: Ronald Meister violated Robinson’s right to due process
by drafting AMAZON.COM as a third party to his complaint, without Robinson’s prior
knowledge nor consent, whereby AMAZON.COM accepted Ronald Meister’s draft and became
involved as a third party in this dispute.
(10) July 07, 2010: Amanda
Dunne-Porter with AMAZON’S CreateSpace Executive Customer Relations contacted Robinson
and reported that “We received notice from a third party regarding copyright concerns
over the following titles:”
• “The Betrayal of Mary Baker Eddy: By the Christian Science Church,” ISBN
1448686539
• “The Betrayal of Mary Baker Eddy: Articles on Appeal,” ISBN 1448689236
• “The Betrayal of Mary Baker Eddy: Exhibits on Appeal” ISBN 1448689538
•
“Witness to Truth I: the Reformation of the Church leading to the Coming of the Christ,”
ISBN 1449521738
• “Witness to Truth II: The Science of the Christ outlined in
the Revelation of St. John,” ISBN 1449519342
• “Witness to Truth III: the History
of Civilization foretold in the Prophecies of Daniel,” ISBN 1449501664
•
“A Metaphysical Outline of the Revelation of St. John,” ISBN 1449556450
Amanda told Robinson after the fact that “we do not involve ourselves in third
party disputes and therefore have removed the availability of the titles through
our systems until this matter is resolved.”
Amanda assured Robinson in good
faith that “once a resolution has been reached between both parties concerning the
title, please contact us via ecr@createspace.com so that we may take the appropriate
action regarding the titles.”
Robinson replied to Amanda at once and told
her that “I was not aware of any problem” and that “I have responded to several attacks
from this law firm in the past and each time they have backed down.” “I have had
court issues with the Directors of the Church in the past, and just recently, and
I will do what I can to resolve this issue.”
(11) July 9, 2010: Robinson
wrote to Ronald W. Meister and claimed that his claims “upon my good character are
totally unacceptable and give documented evidence that the Directors in question
form a pattern and scheme of repeated fraudulent allegations against me.”
.
. . and that “the several Titles that you complain of have been and are now filed
in the Public Records of the Courts of the Commonwealth of Massachusetts as EXHIBITS
in the Boston Probate Court in Docket No. 10E0045 :
DAVID E. ROBINSON v.
CHRISTIAN SCIENCE BOARD OF DIRECTORS
. . . and that “Your unannounced
attack on me and the publishers of my books regarding THE BETRAYAL OF MARY BAKER
EDDY BY THE CHRISTIAN SCIENCE CHURCH not only injures me and my reputation, but also
provides documented evidence that gives me STANDING in the court in this case in
my regard.”
Robinson repeated his offer of February 17, 2010 that he would
“be happy to answer your clients complaint point by point on the condition that they
answer my complaint recorded in the Commonwealth of Massachusetts Appeals Court in
Boston, Massachusetts point by point.”
(12) July 10, 2010. Robinson asked Meister to clarify the objections that
he has made by supplying the specific Chapters, Pages, and phrases in each of Robinson’s
books that he objects to in order to verify with documented evidence that his allegations
are correct.
Robinson stated that he expects to hear from Meister with a
reply within 10 days. Otherwise Robinson will ask AMAZON to restore the publications
of his books.
. . . and that he stands on the basis of the following facts:
Ronald
Meister’s unannounced attack on him and AMAZON.COM regarding THE BETRAYAL OF MARY
BAKER EDDY BY THE CHRISTIAN SCIENCE CHURCH not only injures him and his reputation,
but also provided documented evidence which confirms that he has STANDING in the
courts in this regard.
And that:
(12.1) There is no evidence
that David Robinson did not offer his first “Witness to Truth” book to the Christian
Science Publishing Society in 1988 of which they made no complaint but declined to
accept for publication, and that he believes that no such evidence exists.
(12.2) There is no evidence that Ronald W. Meister could bypass his civil right-to-due-process
and interfere with his private business affairs by going behind his back and drafting
AMAZON.COM to be come involved, without violating Robinson’s civil rights, and Robinson
believes that no such evidence exists.
(12.3) There is no evidence
that Robinson has not been financially injured and harassed by the actions of Ronald
W. Meister and Meister’s unauthorized Clients at the Christian Science Church Center
in Boston, and he believes that no such evidence exists.
(12.4) There
is no evidence that the so-called “trademark owners” are not members of a long line
of Directors of the Christian Science Mother Church who have usurped the Manual-authorized
control devised by the Discoverer and Founder of Christian Science, Mary Baker G.
Eddy, in violation of The Manual and her Real Estate Deeds of Trust, and Robinson
believes that no such evidence exists.
(12.5) There is no evidence
that the actions of Ronald W. Meister and his unauthorized Clients are not attempting
to continue the fraudulent perpetuation of their crimes by silencing all public dissent
such as the court-action-accounts documented in THE BETRAYAL OF MARY BAKER EDDY BY
THE CHRISTIAN SCIENCE CHURCH, and Robinson believes that no such evidence exists.
(12.6) There is no evidence that the actions of Ronald W. Meister and his
unauthorized Clients do not provide Robinson with “standing” to take further defensive
action in this regard in a court of law or through the administrative process sanctioned
under the UCC.
(12.7) There is no evidence that the Christian Science
Board of Directors alleged trademark of the “Christian Science Family of Names” encompasses
also the generic term “Christian Science” since the generic term “Christian Science”
has been and is in the Public Domain.
(12.8) There is no evidence
that the claim has not been made that Robinson is infringing the Christian Science
Board of Directors trademark by using the term “Christian Science,” and he believes
that no such evidence exists.
(12.9) There is no evidence that Robinson’s
book titles are in any way connected with the so-called “Christian Science Family
of Marks,” and he believes that no such evidence exists
(12.10) There
is no evidence that the creator of a thing cannot control the thing and that Robinson
cannot act as the authorized representative of the fictional commercial entity he
devised and named “Christian Science Institute of Science and Health” and he believes
that no such evidence exists.
(12.11) There is no evidence that Robinson
agreed to be permanently barred from making use of the term “Christian Science” which
exists in the public domain for everyone to use and he believes that no such evidence
exists.1) There is no evidence that the Christian Science Board of Directors of The
Mother Church is authorized by “The Manual of The First Church of Christ, Scientist,
in Boston, Massachusetts, which is adapted to the Mother Church only” to claim any
authorized interest in its trademarks contrary to Mary Baker G. Eddy’s expressly
documented intent, and Robinson believes that no such evidence exists.
(12.12) There is no evidence that Robinson has not been told that if he removes
the offending trademark “Christian Science” from his books that he would be free
to sell his books through AMAZON.COM once again” and Robinson believes that no such
evidence exists.
(12.13) There is no evidence that an unrebutted affidavit
does not become judgement in commerce, and Robinson believes that no such evidence
exists.
(12.14) There is no evidence that a claim cannot be satisfied
by counter affidavit point by point, and Robinson believes that no such evidence
exists.
(12.15) There is no evidence that he who leaves the field
of battle first does not lose by default, and Robinson believes that no such evidence
exists.
Ronald Meister once again fails to respond and therefor leaves the
field of battle in default.
THIS ISSUE WAS THEN DEEMED CLOSED.
(13) Robinson believes that the pictures in question are pictures found
in the public domain on the internet and in published books.
(14) Robinson
cannot acknowledge the Christian Science Board of Directors priority of rights in
the Christian Science Marks.
(15) Robinson cannot acknowledge the Christian
Science Board of Directors priority of rights in the so-called Mother Church.
BACKGROUND:
(16)
On July 4th, 1876, Mary Baker Eddy and six of her students organized the first Christian
Science Association.
(17) In 1879, Mary Baker Eddy and her students
voted to organize a church without creed to be called the “Church of Christ, Scientist.”
(18)
The “Church of Christ, Scientist” exercised no centralized control over other Christian
Science Churches or Christian Scientists.
(19) In 1889, Mary Baker
Eddy dissolved the “Church of Christ, Scientist.
(20) On September
1, 1892, Mary Baker Eddy conveyed by legal Deed of Trust a transfer of land “for
Church Edifice” to four trustees “to be known as the Christian Science board of Directors...a
perpetual body or corporation.”
(21) “This deed of conveyance [was]
made upon express trust and conditions.”
(22) 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.
(23) In 1903-1904, via
several legal Deeds of Trust, Mary Baker Eddy added “the further trust 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.”
(24) On September 21, 1892,
Mrs. Eddy’s students formed an organization under her sole guidance and control as
a “suffer it to be so now” association.
(25) 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” for the purpose of holding association property
and funds without organizing the association as a corporation licensed by the State.
(26) In 1895, Mary Baker Eddy published the “Church Manual of the First
Church of Christ, Scientist, in Boston, Massachusetts” to impersonally direct and
govern her Church and its members before and after she passed on.
(27)
In 1898, Mary Baker 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 my me.”
(28) On September 1, 1901, Mary Baker Eddy made her
Last Will and Testament leaving her residual estate to the Mother Church, The First
Church of Christ, Scientist, in Boston, Massachusetts.
(29) In February,
1903, Mary Baker Eddy added a fifth member to the four-member fiduciary Board of
Directors/Trustees of The First Church of Christ, Scientist in Boston, Massachusetts,
to establish a temporary ecclesiastical Board of Directors for “The Mother Church”
to prepare for its discontinuance at her demise, and leave The First Church of Christ,
Scientists, to function in its wake.
(30) On March, 1903, Mary Baker
Eddy conveyed by legal Deeds of Trust a transfer of land “for Church Purposes” to
the four Director/Trustees of her Boston Church on which was to be built an Extension.
(31)
In 1903, Mary Baker Eddy established a permanent system of Checks and Balances
for the government of her Church by instituting additional by-laws to bring The Christian
Science Publishing Society and its real estate Deed of Trust under her governing
church Manual.
(32) Restrictive covenants in real estate Deeds of
Trust are privately imposed limitations on the use of real property imposed and set
forth in legal Deeds of Trust or in an separately recorded legal Declaration such
as Mary Baker Eddy’s church Manual.
(33) Such covenants constitute
an “appurtenance” to the real property and “run with the land”, i.e. transfer to
the new owner with the transfer of the Deed of Trust.
(34) An appurtenance
is a right, privilege, improvement, limitation, or obligation that passes 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.
(35) Restrictive covenants in real estate Deeds of Trust are
enforceable by law.
(36) The restrictive covenants were cited in the
by-laws of the Manual of the church to specify that the use of church property be
“on the further trust that no new tenet or by-law shall be adopted not any tenet
of 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
by given therefore.”
(37) The last by-law in Mary Baker Eddy’s governing church Manual requires
that the by-laws shall not be altered nor annulled without Mary Baker Eddy’s explicit
consent.
(38) The foregoing covenant requires obedience to all of the
covenants therein.
(39) Mary Baker 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.
(40)
The estoppel covenants in the Manual terminated the Mother Church and its ecclesiastical
Board and Officials at Mary Baker Eddy’s passing leaving The First Church of Christ,
Scientist, in Boston, Massachusetts, to operate as a unique branch, since every activity
of the Mother church required Mary Baker Eddy’s written approval or consent.
(41)
Mary Baker Eddy discontinued the Mother Church and its “mothering” activities at
her passing, leaving the Boston Church to operate as a unique Branch detached from
the Vine and growing directly from the Root.
(42) Material organization
and voluntary association are not the same for one destroys the other since one or
the other becomes supreme.
(43) Within weeks of Mary Baker Eddy’s passing
the five-member ecclesiastical Board of Directors put forth a church Manual of their
own and announced themselves to be Mary Baker Eddy’s successor.
(44)
Continuing the Mother Church after the Annual Meeting of June, 1911, could only be
done by breaching the restrictive covenants in the Manual that required that the
by-laws of the church Manual be neither amended, added to, or annulled.
(45)
The Directors refusal to obey the restrictive covenants in the real estate Deeds
of Trust and in the estoppel covenants in the Manual led to The Great Literature
Litigation of 1919-1921.
(46) 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 fiduciary Board of The Mother Church because
“that board” did not come under the jurisdiction of secular law, because of the first
Amendment separation of church and state, therefore the distinction between the Boston
Church and the Mother Church was at first hidden from the court.
(47) The church membership has been misled to believe that the five-member
ecclesiastical Board of Directors are Mary Baker Eddy’s successor.
(48)
The ecclesiastical Board forced the once independent Publishing Society into
bankruptcy by creating a hostile financial embargo of its publications by influencing
the membership to cancel their subscriptions to the periodicals.
(49)
The Publishing Society trustees lacked the funds needed to carry an appeal to the
Supreme Court.
(50) The Directors of the Mother Church were found guilty
of contempt of court and fined for their contempt of court and the Publishing Society
Trustees.
(51) When Mary Baker Eddy drew up her Will in 1910 only the
four-member fiduciary Board/Trustees existed at that time, because the five-member
ecclesiastical Board was not created until just before the 1903 conveyance of land
for the Extension.
(52) The Second and last codicil to Mary Baker Eddy’s
Will is conclusive leaving her residual estate to the four member fiduciary Board
of Directors.
(53) A trust instrument is to be so constructed as to
give the effect to the founder’s intent as manifested by the words she used.
(54)
“At the time of the execution” of the first of the ten Deeds of Trust in 1903 Mary
Baker Eddy had explicitly provided for two distinct Christian Science Boards of Directors;
a fiduciary Board and an ecclesiastical Board.
(55) The restrictive
covenants of the real estate Deeds of Trust and the covenants in the Manual of the
Church show that Mary Baker Eddy intended the five-member ecclesiastical Board to
be temporary until her passing in 1910.
(56) Mary Baker 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 Mary Baker Eddy imposed on all members including herself.
(57) The Eustace court ruled on only one point; that the four-member fiduciary
Board — the board that was named in the suit — could discharge a Trustee of the self-perpetuating
independent Christian Science Publishing Society.
(58) The Eustace
court recognized an ecclesiastical board of five directors under the Manual and a
fiduciary board of four directors under the 1892 et al real estate deed of trust.
(59)
The Eustace court did not give the ecclesiastical directors the right to rule the
Christian Science association as Mary Baker Eddy’s successor as they have been doing
since 1910.
(60) The Eustace court declared that the estoppel covenants
legally control the Manual.
(61) The 1903-1904 deeds of trust that
control the Manual have never been adjudicated in a court of law.
(62)
The directors appealed for the Attorney General of the Commonwealth of Massachusetts
to intervene on their behalf in violation of the establishment clause in the Constitution
of the United States.
(63) Mary Baker Eddy’s directive to her Church
is that the estoppel covenants in her association’s Manual be obeyed.
As the authorized representative of the falsely accused, I, David Everett Robinson, affirm under penalty of perjury on this the 8th day of August, that the information in this affidavit is true to the best of my knowledge and belief, and that I, David Everett Robinson, as Secured Party Creditor, am authorized under the UCC to act as representative in and on DAVID E. ROBINSON’S behalf.
DAVID E. ROBINSON
by David Everett Robinson, C.S.
authorized
representative
Davero Institute of Christian Science and Health, 3 Linnell Circle, Brunswick,
Maine 04011
www.davero-institute.org