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Romanised transliteration as printed by the translator, not the original script. This is what we hold.
1Whosoever approves not thereof, let him speak, ‘“ Such and such a Bhikkhu is appointed by the Samgha 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 therein is meant by the Proceeding in Presence? The Dhamma is represented, and the Vinaya is represented, and the particular person is represented 2. ‘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 P&fittiya °. 22. ‘If, O Bhikkhus, whilst the case is being ? Sammukha-vinayena. See chapter 2. ? This is the same as in § 16 of this chapter, except that ‘the presence of the Samgha’ is omitted. * See the 63rd Pakittiya, and § 17 above. IV, 14,24. THE SETTLEMENT OF DISPUTES. 53 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 Samgha, saying, “ We, Sirs, are not able by a committee to settle this case, let the Samgha 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 1 That is, the Patimokkha. ® Literally, ‘cause him to arise.’ 54 KULLAVAGGA. IV, 14, 25. 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.
2By 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 herein is meant by Proceeding in Presence? The presence of the Samgha, 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 Samgha? (&c., as in § 16, down to) That is the presence in such a matter of the particular person. ‘And what herein 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 herein 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 Pa&ittiya. If one who has conveyed his consent complain of the decision, such complaint is a Pakittiya®.’ 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 1 This sentence is also used of the other modes of settlement below, §§ 27, 29. 2 So also above, § 16; and below, §§ 27-29. IV, 14,25. THE SETTLEMENT OF DISPUTES. 55 Bhikkhus were discontented with the settlement of the case by the Samgha 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 Matikds 2, 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 spake 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 casé has been settled by the Samgha 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 Samgha 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. ]
3Then those Bhikkhus who had been discontented with the decision of the Samgha 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 Samgha at SAvatthi, discontented with the decision of the number of Theras, dis- 1 That is, the Four Nikayas, now forming the Sutta Pisaka. 8 See our note above on Xullavagga IV, 1, 2. 56 KULLAVAGGA. IV, 14, 26. contented 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 Blessed One was, and told the matter to the Blessed One. ‘This case, O Bhikkhus, is done with; having been once settled, it is settled for good. 261. ‘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 On the following section, compare chapters 9 and 10 above. * On Saftwattiy4, see our note below on VII, 4, 1. IV, 14,27. THE SETTLEMENT OF DISPUTES. 57 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!’
The source text as printed, transcribed diplomatically. Where the source language uses a non-Latin script that reaches us only through a Victorian romanisation, this layer is labelled transliteration, because that is what we hold.
Romanised transliteration as printed by the translator, not the original script. This is what we hold.
1Whosoever approves not thereof, let him speak, ‘“ Such and such a Bhikkhu is appointed by the Samgha 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 therein is meant by the Proceeding in Presence? The Dhamma is represented, and the Vinaya is represented, and the particular person is represented 2. ‘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 P&fittiya °. 22. ‘If, O Bhikkhus, whilst the case is being ? Sammukha-vinayena. See chapter 2. ? This is the same as in § 16 of this chapter, except that ‘the presence of the Samgha’ is omitted. * See the 63rd Pakittiya, and § 17 above. IV, 14,24. THE SETTLEMENT OF DISPUTES. 53 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 Samgha, saying, “ We, Sirs, are not able by a committee to settle this case, let the Samgha 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 1 That is, the Patimokkha. ® Literally, ‘cause him to arise.’ 54 KULLAVAGGA. IV, 14, 25. 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.
2By 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 herein is meant by Proceeding in Presence? The presence of the Samgha, 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 Samgha? (&c., as in § 16, down to) That is the presence in such a matter of the particular person. ‘And what herein 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 herein 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 Pa&ittiya. If one who has conveyed his consent complain of the decision, such complaint is a Pakittiya®.’ 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 1 This sentence is also used of the other modes of settlement below, §§ 27, 29. 2 So also above, § 16; and below, §§ 27-29. IV, 14,25. THE SETTLEMENT OF DISPUTES. 55 Bhikkhus were discontented with the settlement of the case by the Samgha 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 Matikds 2, 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 spake 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 casé has been settled by the Samgha 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 Samgha 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. ]
3Then those Bhikkhus who had been discontented with the decision of the Samgha 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 Samgha at SAvatthi, discontented with the decision of the number of Theras, dis- 1 That is, the Four Nikayas, now forming the Sutta Pisaka. 8 See our note above on Xullavagga IV, 1, 2. 56 KULLAVAGGA. IV, 14, 26. contented 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 Blessed One was, and told the matter to the Blessed One. ‘This case, O Bhikkhus, is done with; having been once settled, it is settled for good. 261. ‘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 On the following section, compare chapters 9 and 10 above. * On Saftwattiy4, see our note below on VII, 4, 1. IV, 14,27. THE SETTLEMENT OF DISPUTES. 57 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!’
The source text as printed, transcribed diplomatically. Where the source language uses a non-Latin script that reaches us only through a Victorian romanisation, this layer is labelled transliteration, because that is what we hold.
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