Chulavagga 4.14

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Adapted from the Translation by T. W. Rhys Davids and Hermann Oldenberg

CHULAVAGGA (THE MINOR SECTION)

FOURTH KHANDHAKA (THE SETTLEMENT OF DISPUTES AMONG THE FRATERNITY)

Chapter-14.

1. Now at that time Bhikkhus had disputes with Bhikkhus, and Bhikkhunis with Bhikkhus. And the Bhikkhu Channa, forcing his way (into the apartments) of the Bhikkhunis took the part of the Bhikkhunis, and disputed with the Bhikkhus.

Those Bhikkhus who were moderate were indignant, &c. . . . told the Lord Buddha, &c. . . . he addressed the Bhikkhus, and said:

2. 'There are, O Bhikkhus, the following four kinds of legal questions that require formal settlement by the Sangha; (that is to say), legal questions arising out of disputes, legal questions arising out of censure, legal questions arising out of offences, legal questions arising out of business.

'Among these, what is a legal question arising out of dispute? This, O Bhikkhus(Monks), is when Bhikkhus dispute, saying, "This is Dhamma," or "This is not Dhamma," or "This is Vinaya," or "This is not Vinaya," or "This is taught and spoken by the Tathagata(Buddha)," or "This is not taught nor spoken by the Tathagata," or "This has been practised by the Tathagata," or "This has not been practised by the Tathagata," or "This has been ordained by the Tathagata," or "This has not been ordained by the Tathagata," or "This is an offence," or "This is not an offence," or "This is a slight offence," or "This is a grievous offence," or "This is an offence which can be done away," or "This is an offence which cannot be done away," or "This is a most grave offence," or "This is not a most grave

offence." Whatsoever quarrel, strife, controversy, difference of opinion, contradiction, opposition, cantankerousness, or contention there may be on such a matter, this is called a legal question arising out of dispute.

'And among these, which is a legal question arising out of censure? This, O Bhikkhu, is when Bhikkhus charge a Bhikkhu with a fault of morality, or of conduct, or of opinion, or of means of livelihood. Whatsoever charge, censure, incrimination, admonition, candid opinion, making of excuses for a person, or making fun of him, there may be, that is called a legal question arising out of censure.

'And among these, what is a legal question arising out of offence? The five groups of offences are subjects of legal questions of offences, and the seven groups of offences are subjects of legal questions of offence. This is what is called a legal question arising out of offence.

'And among these, what is a legal question of business? Whatsoever is to the Sangha a matter which ought to be done, an obligation, a matter for which leave ought to be formally asked, the proposal

of a resolution, the proceeding by is a natti-dutiya-kamma, or by natti-katuttha-kamma, that is called a legal question of business.

3. 'What is that which gives rise to a legal question of dispute? There are six causes of dispute that give rise to legal questions of dispute. And there are three causes of wrong-doing that give rise to legal questions of dispute, and three causes of right-doing that give rise to legal questions of dispute. And which are these six?

'In the first place, O Bhikkhus, there is the Bhikkhu who is angry, and who bears enmity in his heart. Whatsoever Bhikkhu, O Bhikkhus, is such an angry man bearing enmity in his heart, he remains without reverence for, and without delight in the Teacher, the Dhamma, and the Sangha, and does not fulfil all the duties of a disciple. And whatsoever Bhikkhu, O Bhikkhus, remains without reverence for, and without delight in the Teacher, the Dhamma, and the Sangha, and does not fulfil all the duties of a disciple, he causes disputes to arise in the Sangha, and such a dispute becomes a cause

of woe, and of want, and of disaster to the great multitudes, of woe and of want to gods and men. If you, therefore, O Bhikkhus, perceive such a one, a root of disputes both internal and external, do you exert yourselves, O Bhikkhus, to put away from you so evil a person, the root of those disputes. If you perceive, O Bhikkhus, no such person, take pains lest any such evil root of disputes should thereafter arise among you. Thus will so evil a root of disputes be put away from you, and thus will no such evil person, the root of. disputes, arise hereafter among you.

'Again, O Bhikkhus, there is the Bhikkhu, who is a hypocrite, and who hides his faults; who is envious and jealous; who is crafty and treacherous; who has sinful desires and false beliefs; who is tarnished by love of worldly gain, devoted to getting and taking, for whom to renounce a thing is hard. Whatsoever Bhikkhu, O Bhikkhus, is thus a hypocrite, who hides his faults, he remains [&c., as before, the whole of the last paragraph down to the end being repeated in each of the cases here enumerated].

4. 'And which are the three causes of wrong-doing which give rise to legal questions of dispute?

'How, O Bhikkhus, men of greedy mind are given to dispute, men of evil mind are given to dispute, men of foolish mind are given to dispute, saying, "This is Dhamma," or "This is not Dhamma" [&c., as before, in §-2, down to] or "This is not a

most grave offence." These are the three causes of wrong-doing which give rise to legal questions of dispute.

'And which are the three causes of right-doing which give rise to legal questions of dispute?

'In the first place, O Bhikkhus, men not of greedy mind [&c., as in the last paragraph, inserting the word "not"].

5. 'And what is that, O Bhikkhus, which gives rise to legal questions of censure? There are six causes of censure that give rise to legal questions of censure. And there are three causes of wrong-doing that give rise to legal questions of censure. And there are three causes of right-doing that give rise to legal questions of censure. And the body gives rise to legal questions of censure, and speech gives rise to legal questions of censure.'

[The six are word for word the same as in the last section, reading 'censure' for 'dispute.']

'And which are the three causes of wrong-doing that give rise to legal questions of censure?

'How, O Bhikkhus, men of greedy mind are given to censure, men of evil mind are given to censure, men of foolish mind are given to censure, accusing others of breaches of morality, or of behaviour, or of error in doctrine, or of adopting a wrong means of livelihood. These are the three causes of wrong-doing that give rise to legal questions of censure.'

[There follow the three causes of right-doing, reading 'men not of greedy mind,' &c., as before, end of §-4.]

And how does the body give rise to legal questions of censure? In case a man be ill-favoured, or ugly, or a dwarf, or diseased, or blind of one eye, or lame, or humpbacked, or crippled, people find fault with him on that account. This is how the body gives rise to legal questions of censure.

'And how does speech give rise to legal questions of censure? In case a man have a bad voice, or be indistinct, or harsh in speech, then people find fault with him on that account. This is how speech gives rise to legal questions of censure.

6. 'And what is it that gives rise to legal questions of offence? There are six origins of offence that give rise to legal questions of offence. There is an offence that originates in deed, but not in word nor in thought. There is an offence that originates in word, but not in deed nor in thought. There is an offence that originates in deed and in word, but not in thought. There is an offence that originates in deed and in thought, but not in word. There is an offence that originates in word and in thought, but not in deed. There is an offence that originates in deed and in word and in thought. These are the six (&c.)

7. 'And what is that which gives rise to legal questions of business? There is one thing that gives rise to legal questions of business, that is to say, the Sangha.

8. 'Legal questions of dispute. Right. Wrong. Undetermined.

'A legal question arising out of dispute may be right, and it may be wrong, and it may be undetermined. Of these, which is the legal question arising out of dispute which is right?

'In case, O Bhikkhus, the Bhikkhu of right mind discuss, saying, "This is the Dhamma," or "This is not the Dhamma" (&c., as before, in §-2, down to) or "This is not a most grave offence." Whatsoever quarrel, strife, contention, difference of opinion, contradiction, opposition, cantankerousness, or contention there may be in such a discussion is called a legal question arising out of dispute that is right.'

[And so when the Bhikkhus have a wrong mind, or an undetermined mind, the legal question arising out of such dispute is respectively a legal question arising out of dispute that is wrong or undetermined.]

9. 'Legal questions of censure. Right. Wrong. Undetermined.'

[It may be either of the three, according as the Bhikkhus censuring (as in §-5) have a right, wrong, or an undetermined mind. The form of the paragraph corresponds to §-8 throughout.]

10. 'Legal questions of offence. Right. Wrong. Undetermined.

There may be a legal question whether an offence is wrong, and there may be a legal question

whether an offence is undetermined. There is no legal question whether an offence be right.

'Of these, which is a legal question whether an offence be wrong? Whatsoever transgression be committed knowingly, consciously, and deliberately, this is called a legal question whether an offence be wrong.

'And of these, which is a legal question whether an offence be undetermined? Whatsoever transgression be committed not knowingly, not consciously, not deliberately, this is called a legal question whether an offence be undetermined.

11. 'Legal questions of business. Right. Wrong. Undetermined.'

[It maybe all three, according as the Bhikkhus performing the business specified, as in §-2, are right-minded, wrong-minded, or of undetermined mind. The form of the paragraph as in §-8 throughout.]

12. 'Disputes, legal questions arising out of disputes. Dispute which is no legal question. Legal question which is no dispute. Matter which is both legal question and dispute.

'There may be a dispute which is a legal question of dispute. There may be a dispute which is no legal question. There may be such a legal question which is no dispute. There may be such a legal question and also a dispute.

Of these, which is the dispute which is a legal question of dispute requiring formal settlement? In case Bhikkhus discuss, saying, "This is Dhamma" [&c., as before, in §-2], or "This is not a most grave offence." Whatsoever quarrel, strife [&c., as in §-2] there may be on such a matter is a dispute which is a legal question of dispute requiring formal settlement.

'And of these, which is a dispute which is not a legal question requiring formal settlement? When a mother disputes with her son, or a son with his mother, or a father with his son, or a son with his father, or a brother with a brother, or a brother with a sister, or a sister with a brother, or a friend with a friend. Such a dispute is not a legal question requiring formal settlement by the Sangha.

'And of these, which is a legal question that is not a dispute? A legal question of censure, or a legal question of offence, or a legal question of business. This is a legal question which is not a dispute.

'And of these, which is a legal question requiring formal settlement which is also a dispute? A legal question of dispute that requires formal settlement by the Sangha is both such a legal question and also a dispute.'

13. [The same distinction drawn between censure, and a legal question of censure requiring formal settlement.]

14. 'Offence. Legal question arising out of an offence. Offence which is not subject of a legal question. Legal question and no offence. Legal question and offence too.

'There may be an offence which is subject of a legal question of offence. There may be an offence and no legal question. There may be legal question and no offence. There may be legal question and offence too.

Of these, which is the offence which may be subject of a legal question? The five groups of offences are subjects of legal questions of offence; the seven groups of offences are subjects of legal questions of offence. These are offences which may be subject of a legal question.

And of these, which is an offence (Apatti) which is not subject of a legal question? Conversion, higher attainment (sot-apatti, sam-apatti), these are apattis which are not subjects of a legal question. These are apattis not subjects of a legal question.

'And of these, what is the legal question where there is no offence? A legal question of official duty, a legal question of censure, a legal question of dispute. These are legal questions where there may be no offence.

'And of these, which is the case in which there is both a legal question and an offence too? A legal question regarding an offence is a case in which there is both a legal question and an offence too.

15. 'Official duty which is subject of a legal question of business. Duty and no legal question. Legal question and no duty. Legal question and duty too.

'There may be [each of these four].

'Of these, which is official duty which is subject of a legal question? Whatsoever is to the Sangha a thing which ought to be done, an obligation, a matter for which leave ought to be formally asked, the proposal of a resolution, the proceeding by natti-dutiya-kamma, or by natti-katuttha-kamma, that is official duty which may be the subject of a legal question of business.

'And of these, which is the official duty which is not subject of legal question? The duties of an achariya(teacher), of an upajjhaya, of a fellow pupil under the same upajjhaya or achariya(teacher), that is business, but not subject of a legal question of business.

'And of these, which is a legal question but not official duty? A legal question arising out of dispute, a legal question arising out of censure, a legal question arising out of offence. This is a legal question of business, but not official duty.

'And of these, which is both legal question and official duty too? A legal question arising out of official business is both legal question of business and official duty too.

16. 'But by what kind of settlements is a legal question arising out of dispute brought to settlement? By two kinds of settlement, by the Proceeding in presence, and by the Proceeding by majority of the Sangha.

'If one should ask, "Can it be that a legal question arising out of dispute without recourse having been had to the one mode of settlement--to wit, the Proceeding by majority of the Sangha--can it be that it may be settled by the other mode of settlement, to wit, by the Proceeding in presence?" He should be told "Yes, it can." (If he should say), "How may that be?" the answer should be as follows: "In

the case when the Bhikkhus dispute, saying, 'This is the Dhamma,' or 'This is not the Dhamma' (&c., as before, in §-2, down to), or 'This is not a most grave offence.'" If, O Bhikkhus, those Bhikkhus, are able to settle their own dispute, that is called, O Bhikkhus, the settlement of the dispute.

'And how has it been settled? By the Proceeding in presence.

'And what must there be in such a Proceeding in presence? There must be the presence of the Sangha, the presence of the Dhamma, the presence of the Vinaya, and the presence of the particular person.

'And in that, what is the presence of the Sangha? As many Bhikkhus as are capable of taking part in the proceeding, they must be present. The formal consent must be produced of those who are in a fit state to convey their consent. Those who are present must have lodged no objection (against any one of them taking part in the proceeding). This is the "presence" in such a matter of the Sangha.

'And of these, what is the presence of the Dhamma, and the presence of the Vinaya? The Dhamma, and the Vinaya, and the teaching of the Master by the aid of which that legal question is settled. That is the "presence" in such a matter of the Dhamma, and of the Vinaya.

'And of these, what is the presence of the particular

person? He who disputes, and he with whom he disputes--both friends and foes--must be present. That is the "presence" in such a matter of the particular person.

'When a legal question, O Bhikkhus, has beer. thus settled, if a disputant re-open the question, such re-opening of the question is a Pachittiya. If one who has conveyed his consent complain of the decision, such complaint is a Pachittiya.

17. 'If those Bhikkhus, O Bhikkhus, are not able to settle the legal question within their own residence (Avasa), those Bhikkhus should go, O Bhikkhus, to some residence in which there are a larger number of Bhikkhus. Then if those Bhikkhus, O Bhikkhus, should succeed, while on their way to that residence, in settling the legal question, that, O Bhikkhus, is called a settlement of it. And how has it been settled? (&c., as in the last paragraph of the previous section, down to the end.)

18. 'If those Bhikkhus are not able, O Bhikkhus, to settle the legal question while they are on their way to that residence, then those Bhikkhus, on their arrival at that residence, are to address the Bhikkhus at that residence thus: "Such and such a legal question, Sirs, has arisen thus, and has been carried on thus amongst us. It would be well if you, Sirs, would settle that legal question for us according to the Dhamma, and according to the Vinaya, and according to the teaching of the Master, to the end that that legal question may be thoroughly settled." If the Bhikkhus dwelling in that residence

are the senior, and the incoming Bhikkhus are junior, then the Bhikkhus dwelling in that residence are, O Bhikkhus, to address the incoming Bhikkhus thus: "Pray, Sirs, rest a moment apart until we take counsel together!" If, on the other hand, the Bhikkhus dwelling in that residence are junior, and the incoming Bhikkhus are senior, then the Bhikkhus dwelling in that residence are, O Bhikkhus, to address the incoming Bhikkhus thus: "Then remain here, Sirs, a moment until we take counsel together." Then if, O Bhikkhus, the Bhikkhus dwelling in that residence should, on consideration, think thus: "We shall not be able to settle this legal question according to the Dhamma, and according to the Vinaya, and according to the teaching of the Master," then that dispute is not to be entrusted to them. If, on the other hand, O Bhikkhus, the Bhikkhus dwelling in that residence should, on consideration, think thus: "We shall be able to settle this legal question in accordance with the Dhamma, and in accordance with the Vinaya, and in accordance with the teaching of the Master," then, O Bhikkhus, the Bhikkhus dwelling in that residence are to address the incoming Bhikkhus thus: "If you, Sirs, let us know about this legal question, how it arose, and how it was carried on, and if you agree that in the manner in which we may settle the legal question according to the Dhamma, and according to the Vinaya, and according to the teaching of the Master, in that manner it shall be settled, then we will thus accept the legal question at your hands. But if not (&c., the whole being repeated), then we will not accept it." When they have thus, O Bhikkhus, brought

it about that the proper way of putting the legal question (the point at issue) has been settled, the Bhikkhus dwelling in that residence should undertake that legal question. And then the Bhikkhus dwelling in that residence should be addressed, O Bhikkhus, by the incoming Bhikkhus thus: "We inform you, Sirs, how this legal question arose and how it was carried on. If you, Sirs, are able in such and such a time to settle this legal question according to the Dhamma, and according to the Vinaya, and according to the teaching of the Master, then will we entrust this legal question to you. But if you, Sirs, should not be able to do so, then will we ourselves retain the custody of the case." Thus, O Bhikkhus, is that legal question to be entrusted by the incoming Bhikkhus to the Bhikkhus dwelling in that residence, causing them duly to accept it. If those Bhikkhus, O Bhikkhus, are able to settle the case, that, O Bhikkhus, is called a settlement of the legal question. And how has it been settled? (&c., as in last paragraph of §-16, down to the end.)

19. 'If, O Bhikkhus, while the case is being enquired into by those Bhikkhus, pointless speeches are brought forth, and the sense of any single utterance is not clear, I enjoin upon you, O Bhikkhus, to settle the case by referring it (to a jury or commission).

'A Bhikkhu(Monk) to be chosen on such a jury must be possessed of ten qualities--he must be virtuous--he must be living enclosed by the restraint of the rules of the Patimokkha--he must be upright in life, trained according to the precepts, taking them upon himself with a sense of the danger in the least offence--he must be versed in the tradition, a custodian of the tradition, a storehouse of the tradition--whatsoever truths, lovely in their origin, lovely in their progress, lovely in their consummation, set forth the higher life, both in its spirit and in its letter, in all its purity and in all its perfectness, in such truths must he be well versed, of such must he be full, they must be laid up in his words, and dwelt on in his heart, being penetrated throughout through right insight--both the Patimokkhas must have

been completely handed down to him in their full extent, he must have well divided them, well established them, well investigated them, both sutta by sutta and in every detail--further he must be an expert in the Vinaya, irrefutable in that--he must be competent to point out (the right course) to both friends and foes, to get them to understand a thing, get them to see it and recognise it, able to pacify them--he must be clever (in judging) both as to the origin and as to the settlement of disputes--he must understand legal questions, the origin of that, the close of that, and the way that leads to the close of that.

'I enjoin upon you, O Bhikkhus, to appoint on the jury a Bhikkhu possessed of these ten qualities.

20. 'And thus, O Bhikkhus, is he to be appointed. First, the Bhikkhu should be asked (whether he be willing to undertake the office). Then some discreet and able Bhikkhu should address the Sangha thus:

'"May the venerable Sangha hear me. while this case was being enquired into pointless speeches were brought forth amongst us, and the sense of no single utterance was clear. If the time seems meet

to the venerable Sangha, let it appoint Bhikkhus of such and such a name, and of such and such a name on a committee. This is the motion.

'"Let the venerable Sangha hear me. While (&c., . . . down to) no single utterance was clear.

The Sangha appoints Bhikkhus of such and such names on a committee to settle this case. Whosoever of the venerable ones approves of the appointment of such and such Bhikkhus on the committee for the settlement of this case, let him be silent. Whosoever approves not of that, let him speak.

'"Such and such a Bhikkhu is appointed by the Sangha on the committee for the settlement of this case. Therefore is it silent. Thus do I understand."

21. 'If then, O Bhikkhus, those Bhikkhus are able on the reference (or on the committee) to settle the case, that, O Bhikkhus, is called a case that is settled. And how is it settled? By the Proceeding in Presence. And what in that is meant by the Proceeding in Presence? The Dhamma is represented, and the Vinaya is represented, and the particular person is represented.

'And of these, what is the presence of the Dhamma (&c., as in §-16, down to the end).

'If a dispute, O Bhikkhus, has been thus settled, if a disputant re-open the question, such re-opening is a Pachittiya.

22. 'If, O Bhikkhus, while the case is being enquired into by those Bhikkhus, there should be there a Bhikkhu who is a preacher of the Dhamma, but neither has the Sutta been handed down to him nor the Sutta-vibhanga, and he not regarding the point of the case, reject the sense for the shadow of the letter, then should the matter be laid before those Bhikkhus by some discreet and able Bhikkhu thus:

'"Let the venerable ones hear me. This Bhikkhu of such and such a name is a preacher of the Dhamma, but neither has the Sutta been handed down to him nor the Sutta-vibhanga. And he, not regarding the point of the case, is rejecting the sense for the shadow of the letter. If the time seems meet to the venerable ones, let them send away the Bhikkhu of such and such a name, and let the rest of us settle this case."

'If those Bhikkhus, O Bhikkhus, should be able, after having sent away that Bhikkhu, to settle the case, that is called a case that is settled. And how has it been settled? By the Proceeding in Presence (&c., as in last section, down to the end).'

23. (The same decision if the Sutta has been handed down to him, but not the Sutta-vibhanga.)

24. 'If those Bhikkhus, O Bhikkhus, are not able by the committee to settle that case, those Bhikkhus, O Bhikkhus, ought to hand over the case to the Sangha, saying, "We, Sirs, are not able by a committee to settle this case, let the Sangha settle it." I enjoin upon you, O Bhikkhus, to settle such a case by vote of the majority (&c., as in Chapter-9 to the

end, as to the appointment of a taker of the voting tickets). By that Bhikkhu, the taker of the voting tickets, are the votes to be collected. And according as the larger number of Bhikkhus who are guided by the Dhamma shall speak, so shall the case be decided. This, O Bhikkhus, is called a legal question that has been settled.

'And how has it been settled? By the Proceeding in Presence and by the vote of the majority. And what in this, is meant by Proceeding in Presence? The presence of the Sangha, and the presence of the Dhamma, and the presence of the Vinaya, and the presence of the particular person. And of these, what is the presence of the Sangha? (&c., as in §-16, down to) That is the presence in such a matter of the particular person.

'And what in this, is meant by the vote of the majority? The carrying out of, the accomplishment of, the proceeding by, the undertaking of, the acceptance of, the pacification by the official act (the Kamma) by the vote of the majority. That is what is meant in this by the vote of the majority.

'When a legal question, O Bhikkhus, has been thus settled, if a disputant re-open the question, such re-opening is a Pachittiya. If one who has conveyed his consent complain of the decision, such complaint is a Pachittiya.'

25. Now at that time a certain legal question had arisen in such and such a manner, and had grown up in such and such a manner at Savatthi. And those

Bhikkhus were discontented with the settlement of the case by the Sangha at Savatthi. And they heard that in a certain residence there were dwelling a number of Theras versed in the traditions; men to whom the Agamas had been handed down; reciters of the Dhamma, of the Vinaya, and of the Matikas, learned, discreet, wise, modest, conscientious, anxious to learn. And they thought, 'If those Theras would settle this case according to the Dhamma, and according to the Vinaya, and according to the teaching of the Master, then would this case be indeed well settled.' So those Bhikkhus went to that residence, and spoke to those Theras thus: 'This legal question, Sirs, has arisen in such and such a manner, and has grown up in such and such a manner. It would be well if the venerable Theras would settle the case according to the Dhamma, and according to the Vinaya, and according to the teaching of the Master!' Then those Theras, saying, 'Even as the case has been settled by the Sangha at Savatthi, so is it well settled!' decided the case in the same way. Then those Bhikkhus who had been discontented with the decision of the Sangha at Savatthi were discontented with the decision of the number of Theras.

[The paragraph is repeated with the necessary alterations of consecutive applications to three, two and one Thera with the same result.]

Then those Bhikkhus, discontented with the decision of the Sangha at Savatthi, discontented with the decision of the number of Theras, discontented

with the decision of the three Theras, discontented with the decision of the two Theras, discontented with the decision of the single Thera, went up to the place where the Lord Buddha was, and told the matter to the Lord Buddha.

This case, O Bhikkhus, is done with; having been once settled, it is settled for good.

26. 'I enjoin upon you, O Bhikkhus, three ways of taking votes, in order to appease such Bhikkhus--the secret method, the whispering method, and the open method.

'And how, O Bhikkhus, is the secret method of taking votes? The Bhikkhu who is the teller of the votes is to make the voting tickets of different colours, and as each Bhikkhu comes up to him he is to say to him thus: "This is the ticket for the man of such an opinion; this the ticket for the man of such an opinion. Take whichever you like." When he has chosen (he is to add), "Don't show it to anybody." If he ascertains that those whose opinion is against the Dhamma are in the majority, he is to reject the vote as wrongly taken. If he ascertains that those whose opinion is in accordance with the Dhamma are in the majority, he is to report the vote as well taken. This, O Bhikkhus, is the secret method of taking the votes.

'And how, O Bhikkhus, is the whispering method of taking votes? The Bhikkhu who is the teller of the votes is to whisper in each Bhikkhu's ear, "This is the ticket of those of such an opinion; this is the ticket of those of such an opinion. Take whichever

you like." When he has chosen (he is to add), "Don't tell anybody (which way you have voted)." If he ascertains that those whose opinion is against the Dhamma are in the majority, he is to reject the vote as wrongly taken. If he ascertains that those whose opinion is in accordance with the Dhamma are in the majority, he is to report the vote as well taken. Thus, O Bhikkhus, is the whispering method of taking the votes.

And how, O Bhikkhus, is the open method of taking votes? If he ascertains (beforehand) that those whose opinion is in accordance with the Dhamma are in the majority, the vote is to be taken undisguisedly, openly. Thus, O Bhikkhus, is the open method of taking the votes.

'These, O Bhikkhus, are the three methods of taking the votes.'

27. 'By how many kinds of settlement is a legal question arising out of censure settled? A legal question arising out of censure can be settled by four kinds of settlement--by the Proceeding in Presence--by the Proceeding for those who are consciously innocent-by the Proceeding for those who are no longer out of their mind--by the Proceeding for those who are obstinate.

'If one should ask, "Can it be that a legal question arising out of censure, without recourse being had to two modes of settlement--to wit, the Proceeding for those who are no longer out of their mind, and the

Proceeding for those who are obstinate--may be settled by the two other modes of settlement--to wit, the Proceeding in Presence, and the Proceeding for those who are consciously innocent?" he should be told, "Yes, it can." (If he should say), "How may that be?" the answer should be as follows:

'In case the Bhikkhus bring a groundless charge against a Bhikkhu of a breach of morality. In respect of that, O Bhikkhus, to that Bhikkhu whose memory in regard to the matter is quite clear, the Proceeding for the consciously innocent is to be accorded.

'And thus, O Bhikkhus, is to be granted (&c., as in Chapter-4, §-10, down to the end, with the necessary alterations for a general rule instead of a particular case).

'This, O Bhikkhus, is called a legal question that has been settled. And how settled? By the Proceeding in Presence, and by the Proceeding for the consciously innocent. And what in that belongs to the Proceeding in Presence? The presence of the Sangha, and the presence of the Dhamma, and the presence of the Vinaya, and the presence of the particular person. And in that what is the presence of the Sangha (&c., as in §-16, down to the end)? And what in that belongs to the Proceeding for the consciously innocent? The carrying out of, the accomplishment of; the proceeding by, the undertaking of, the acceptance of, the pacification of the Proceeding for the consciously innocent. That is what belongs in this to the Proceeding for the consciously innocent.'

28. [This section bears exactly the same relation to Chapter-5 as the last section does to Chapter-4, the form of the two sections being exactly the same throughout.]

29. 'If one should ask, "Can it be that a legal question arising out of censure, without recourse being had to two modes of settlement--to wit, the Proceeding for those who are consciously innocent, and the Proceeding for those who are no longer out of their mind--may be settled by the two other modes of settlement--to wit, the Proceeding in Presence, and the Proceeding for those who are obstinate?" he should be told, "Yes, it can." If he should say, "How may that be?" the answer should be as follows:

'In case a Bhikkhu warn another Bhikkhu in the midst of the Sangha of a grievous offence, and call upon him to recollect (whether he have. committed it or not), saying, "Has the venerable one been guilty of such and such a grievous offence--a Parajika offence, or an offence equivalent to a Parajika offence?" And he replies thus, "I do not, Sir, call to mind that I have been guilty of such and such a grievous offence--a Parajika offence, or an offence equivalent to a Parajika offence." To him thus denying the other insists, saying, "Come now, Sir, ascertain for certain whether you are conscious of having been guilty of such and such a grievous

offence--a Parajika offence, or an offence equivalent to a Parajika offence." And he replies thus: "I do not, Sir, call to mind that I have been guilty of such and such a grievous offence--a Parajika offence, or an offence equivalent to a Parajika offence. But I do, Sir, recollect that I was guilty of such and such a trifling offence." To him thus denying the other insists [as before]. And he replies thus: "Seeing that I am willing, Sir, though you did not ask me, to confess myself guilty of that trifling offence, why should I not confess, when asked, such and such a grievous offence--a Parajika offence, or an offence equivalent to a Parajika offence?" And the other rejoins, "But you do not confess, Sir, even that trifling offence without being asked. How should you confess, if you were not asked, the commission of such and such a grievous offence--a Parajika offence, or one equivalent to a Parajika offence? Come now, Sir, ascertain for certain whether you are conscious of having been guilty of such and such a grievous offence--a Parajika offence, or one equivalent to .a. Parajika offence?" And he replies, "Yes, I am conscious, Sir, of having committed such and such an offence--a Parajika offence, or one equivalent to a Parajika offence. In sport did I say, in fun did I say that I was not conscious of that"

'Then, O Bhikkhus(Monks), the Proceeding for those who are obstinate should be carried out against that Bhikkhu.

'And thus should it be carried out (&c., as Chapter-11, §-2, down to the end, reading "such and such a Bhikkhu" for "Upavala," and "grievous offence" for "offence ").

'This, O Bhikkhus, is called a legal question that has been settled. And how has it been settled? By the Proceeding in Presence, and by the Proceeding for those who are obstinate. And what in that belongs to the Proceeding in Presence? The Presence of the Sangha (&c., as in §-16). And what in that belongs to the Proceeding for those who are obstinate? The carrying out of, the accomplishment of, the proceeding by, the undertaking of, the acceptance of, the pacification of the official act (the Kamma) by the Proceeding for those who are obstinate. That is what belongs in that to the Proceeding for those who are obstinate.

'When a legal question, O Bhikkhus, has been thus settled, if a disputant re-open the question, such re-opening is a Pachittiya. If one who has conveyed his consent complain of the decision, such complaint is a Pachittiya.

30. 'By how many modes of settlement is a legal question arising out of offence settled? A legal question arising out of offence is settled by three modes of settlement--to wit, by the Proceeding in Presence, and by the Proceeding on confession of guilt, and by the Proceeding by covering over as with grass.

'If one should ask, "Can it be that a legal question arising out of offence, without recourse being had to the one mode of settlement--to wit, the Proceeding by covering over as with grass--may be settled by the other two modes--to wit, the Proceeding in Presence, and the Proceeding on confession of guilt?" he should be told, "Yes, it can." If he should say, "How may that be?" the answer should be as follows:

'In case a Bhikkhu has been guilty of a minor offence. That Bhikkhu, O Bhikkhus, should go up to another Bhikkhu, and having arranged his upper robe over one shoulder, and squatted down on his heels, and stretched forth his hands with the palms held together, should speak as follows: "I, Sir, have been guilty of such and such an offence; and that I confess." He should say, "Do you acknowledge it?" "Yes; I acknowledge it." "May you restrain yourself in future!"

'This, O Bhikkhus, is called a legal question which has been settled. And how has it been settled? By the Proceeding in Presence, and by the Proceeding on confession of guilt. And what in that belongs to the Proceeding in Presence? The presence of the Dhamma, and the presence of the Vinaya, and the presence of the particular individual. And what in that is the presence of the Dhamma, and of the Vinaya? The Dhamma, and the Vinaya, and the teaching of the Master, by the aid of which that legal question is settled. That is the presence in such a matter of the Dhamma, and of the Vinaya. And what in that is the presence of the particular individual? He who confesses, and he to whom he confesses, both are present. That is the presence of the particular individual in such a proceeding. And what in that belongs to the Proceeding on confession of guilt? The carrying out of, the accomplishment of, the proceeding by, the performance of, the acceptance of, the pacification of the official act (the Kamma) by the Proceeding on confession of

guilt. That is what belongs in that to the Proceeding on confession of guilt.

'When a legal question, O Bhikkhus, has been thus settled, if a disputant re-open the question, such re-opening is a Pachittiya.

31. 'If he should thus receive (absolution), it is well. If he should not receive it, that Bhikkhu, O Bhikkhus, should go up to a number of Bhikkhus, and having arranged his upper robe over one shoulder, and bowed down before the elder Bhikkhus, and squatted down on his heels, and stretched forth his two hands with the palms held together, he should speak as follows: "I, Sirs, have been guilty of such and such an offence, and that I confess." Then some discreet and able Bhikkhu should lay the matter before those Bhikkhus, saying, "Let the venerable ones hear me. This Bhikkhu, of such and such a name, is conscious of an offence; and he discloses it, reveals it, confesses it. If the time seems meet to the venerable ones, I would absolve that Bhikkhu's offence." And he should say, "Do you acknowledge it?" "Yes; I acknowledge it." "In future may you restrain yourself!"

This, O Bhikkhus, is called a legal question which has been settled. And how has it been settled? (&c., as in last section, down to the end.)

32. 'If he should thus receive absolution, it is well. If he should not receive it, that Bhikkhu, O Bhikkhus, should go before the Sangha (&c., as in last section, down to the end, then adding): And if one who has given his consent to the proceeding

thereafter make complaint of that, that is a Pachittiya.

33. 'If one should ask, "Can it be that a legal question arising out of offence, without recourse being had to the one mode of settlement--to wit, the Proceeding on confession of guilt--may be settled by the other two modes--to wit, by the Proceeding in Presence, and by the Proceeding by covering over as with grass?" he should be told, "Yes, it can." If he should say, "How may that be?" the answer should be as follows:

'If while the Bhikkhus are continuing in quarrels (&c., as in Chapter-13, §§-1, 2, and 3, down to the end).

'This, O Bhikkhus, is called a legal question that has been settled. And how has it been settled? By the Proceeding in Presence, and by the Proceeding by the covering over as with grass.

'And what in that belongs to the Proceeding in Presence? The presence (&c., as in §-16, down to) And what in that is the presence of the particular person? He who confesses, and he to whom the confession is made, both are present. This is the presence of the particular individual in such a case.

'And what in that belongs to the Proceeding by covering over as with grass? The carrying out of, the accomplishment of, the proceeding by, the performance of, the acceptance of, the pacification of the official act (the Kamma) by the Proceeding by covering over as with grass. That is what belongs in that to the Proceeding by covering over as with grass.

'When a legal question, O Bhikkhus, has been thus settled, if a disputant re-open the question, such re-opening is a Pachittiya. If one who has conveyed his consent complain of the decision, such complaint is a Pachittiya.

34. 'By how many modes of settlement is a legal question arising out of business settled? A legal question arising out of business is settled by one mode of settlement only--to wit, by the Proceeding in Presence.'

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End of the Fourth Khandhaka, on the Settlement of Legal Questions.