THE

SACRED BOOKS OF THE EASTTRANSLATED

BY VARIOUS ORIENTAL SCHOLARS

AND EDITED BY

F.

MAX MOLLER

VOL. XX

AT THE CLARENDON PRESS1885

[

^//

rights reserved'^

VINAYA TEXTSTRANSLATED FROM THE PALIBY

T.

W.

RHYS DAVIDSANDy

V

HERMANN OLDENBERG

PART

III

THE AOJLLAVAGGA, IV XII

AT THE CLARENDON PRESS1885

\^All rights reserved ]

CONTENTS.PACK

The ^ullavagga.Fourth Khandhaka (The Settlement of Disputes amongthe Fraternity)FifthI

Khandhaka (On

the Daily Life of the Bhikkhus)

66157

Sixth

Khandhaka (On Dwellings and

Furniture)

.

Seventh Khandhaka (Dissensions in the Order)

.

224

Eighth Khandhaka (Regulations as to the Duties of the

Bhikkhus towards one another)

.

272

Ninth Khandhaka (On Exclusion from the Patimokkha

Ceremony)

.....the Duties of Bhikkhunis)

299

Tenth Khandhaka (On

320

Eleventh Khandhaka (On the Council of Ra^^agaha)

370

Twelfth Khandhaka (On the Council of Vesali)

.

386 415421

Note on the BhawavarasIndex of SubjectsIndex of Proper

...... .......to in the

NamesNotes

428

Index of Pali Words explained or referred

433

Transliteration of Oriental Alphabets adopted for the Translations of the

Sacred Books of the East

.

.

-441

TC'ULLAVAGGA.FOURTH KHANDHAKA.\

THE SETTLEMENT OF DISPUTES AMONG THE FRATERNITY.

1.I.

Now

at thatat

dwelHngp'mdika.

time the Blessed Buddha was Savatthi, in the Arama of Anathaat

AV/abbaggiya Bhikkhus used to carry out the formal Acts the Ta^^aniya, and the Nissaya, and the Pabba^aniya, and the Pa^isara;^iya, and the Ukkhepaniya against Bhikkhus who were not present. Then those Bhikkhus who were modest werethat

And

time

the

annoyed, murmured, and became indignant, saying, How can the A^/^abbaggiya Bhikkhus [act thus]^?' And those Bhikkhus told the matter to the Blessed'

One.Bhikkhus, as they say, that the /T/^abbaggiya Bhikkhus carry out the (aforesaid)^'

Is

it

true,

O

formal Acts against Bhikkhus

who

are not present?'

Ttis

is

true, Lord!'

Buddha rebuked them, saying, 'This improper (&c., as in I, i, 2, down to the end).' And when he had thus rebuked them, and had

The

Blessed

^

The words aboveB

are repeated.

[20]

^ULLAVAGGA.delivered a religious discourse,

IV,

2,

I.

he addressed the

Bhikkhus, and said

' :

The

formal Acts,

O

Bhikkhus,

theTa^^aniya-, the Nissaya-, the Pabba^aniya-, the Pa/isara^eiya-, and the Ukkhepaniya-kammas, ought notto

who

are not present.

be carried out against Bhikkhus Whosoever does so, shall beoffence.'

guilty of a

dukka/a

I.

The

single

Bhikkhu who speaks not

in

ac-

cordance with the right, theaccordance with the notthein

many who speakright.

not in

right, the Sa;;^gha

which speaks

accordance withinin

the

The

single

Bhikkhu who speaks

accordance with the right,

many who speak

accordance with the

right,

the Sa;;^gha which speaks in accordance with theright \

Now

(it

may happenin

that) the

one Bhikkhu who

speaks not

accordance with the rightright, or

may

point

out (the right course) to a single Bhikkhu

who

speaks in accordance with theto understand

gives himto see or

what

it

is^,

or urges

him

consider the matter in that light ^, or teaches him, or^

This short enumeration of thesubsequent paragraphstexts,is

different categories occurring

in the

quite in the style of the

Abhi-

dhamma

in

which suchin

lists

are accustomed to be called

matika; compare learned BhikkhuA'ullavagga'^

the expression

the stock phrase at

matika-dharo as applied to a Mahavagga X, 2, i;

I,

11; IV, 14, 25, &c.here says: ni^^/^apetiti yathasooloketi

The Samanta Pasadikaatthawni_'^Z!ayati

tarn^

evaw karoti. Pekkheti anupekkhetiti yatha soX'a

ta,m

attha;

pekkhati

^

eva puna[)puna7t

pekkhati cva.m karoti. (Samanta Pasadika.)

lY,

3.

THE SETTLEMENT OF DISPUTES.is

3this thethis,

instructs him, saying, 'This

the

Dhamma,

Vinaya, this the teaching of the Master. Accept

and approvesettled,it is

this.'

If the dispute should

be thus

settled contrary to the

Dhamma, and

with a mere counterfeit of the Vinaya rule of pro-

cedure (that cases of dispute must be settled before

a duly constituted meeting of the Sa;;^gha, andthe presence of the accused person) \

in

[Andif

in like

manner,

if

he instruct the many, or;

the Sawgha,the

who speak

according to the right

or

many

or the Sa;;/gha

who speak

not according

to the right instruct the one, or the

many, or the;

Sawgha who speak accordingthe disputeas before).]is

to the right

then(&c.,

settled contrary to the

Dhamma

End

of the nine cases in which the wrongfside decides.

3.

[This chapter

is

the contrary of the last; the cases

put being those in which the three last

members ofrule of proce'

^

dure, called

Sammukha- vinaya -pa/irfipakena. Sam mukha-vi nay a, hereafteris

The

rendered

Proceeding

in Presence,'

one of the seven modes ofthe closing

settling disputes already

referred

chapter of the Patimokkha (' Vinaya and is more fully described below in Aullavagga IV, 14, 16, and following sections. It will be seen below, from IV, 14, 27-30, tlvxt it is involved in, or rather is supposed to accompany, each of the other Protoin

Texts,' vol.

i,

p. 68),

ceedings mentioned in

this chapter.

B 2

ATULLAVAGGA.the

IV,

4,

I.

matika

struct,

paragraph of chapter &c., the three first members.]in the first

2 in-

End

of the nine cases in which the rightside decides.

41.I.

Now

at that time

the

Blessed Buddha was

staying at Ri^agaha, in the Kalandaka Nivapa, in

the

Bamboo Grove.at that time the venerable

Nowlian,

who had

realised

Dabba the MalArahatship when he wasinto

seven yearseverydisciple;

old,

had entered

possession of

(spiritual gift)

there

was nothing

to do, nothing left

which can be acquired by a left that he ought still that he ought to gather up of

the fruit of his past labour^.able

And when

the vener-

Dabba

the Mallian had retired into solitude,in thought, the following consideration

and was sunkpresented*

itself

to

his

mind

:

'Arahatship hadDabba downto the

I

The whole

of the following story of

end

of section 9 (except the last sentence) recurs in the Sutta-vibhanga The as the Introductory Story to the Eighth Sa^ghadisesa.

Samanta Pasadika hasthe few extracts thatthat

therefore

no commentary uponit

it

here,

and

we

give from

are taken from the notes ofin

work on

the corresponding passage

the

Sutta-vibhahga.

The

stupidity of Udayi,

the performance of his

who once supplanted Dabba the Mallian in duty as bhattuddesaka, forms the burthen'

of the Introductory Story to the Gataka on

(No. 5 in the G^ataka book;following).^

Measure of Rice Buddhist Birth Stories,' pp. 172 and'

the

'

OnI,

this

phrase compare

Mahavagga V,

i,

21,

and the verses

at

V,

27.

IV,

4. 3-

THE SETTLEMENT OF DISPUTES.

5

acquired

when

I

was seven yearsthat

old.

I

haveto.

gained

everythingis

a

learner

can

reach

There

nothing further

left for

me

to do, nothingI

to gather up of the fruit of that which

have done.

What

service

is

itit

possible for

me

to render to the

Sawgha?' And

occurred to the venerable

Dabba

the Mallian: 'It would be a good thing for me to regulate the lodging-places for the Sa?;2gha, and to

apportion the rations of food.'

when, at eventide, the venerable Dabba the Mallian had arisen from his meditations, he2.

And

where the Blessed One was and when he had come there he saluted the Blessed One, and took his seat on one side and when he was so seated the venerable Dabba the Mallian

went

to the place

;

;

spake thus to the Blessed

Oneand wasconsideration pre-

'WhensunkIt

I

had

retired, Lord, into solitude

in

thought, the

following

sented

itself to

my mind

(&c., as before,

down

to)

lodging-places for therations of food.I

would be a good thing for me Sawgha, and

to regulate the

to apportion the

desire, Lord, [so to do].'

'Very good, Dabba.lodging-places forrations of food!'

you then regulate the the Sawgha, and apportion thesaid the venerable

Do

'It is well, Lord,'

Dabba

the

Mallian, accepting the word of the Blessed One. that occasion and in 3. And the Blessed One onthat connection,

when he hadSawgha,

delivered a religious

discourse, addressed the Bhikkhus,'

and said

:

Let

thenthe

the

O

Bhikkhus, appoint

Dabbaplaces,

Mallian as the regulator of lodging-

thus,

O

And and as the apportioner of rations. Bhikkhus, should the appointment be made.

A^ULLAVAGGA.First

IV,

4, 4.

'

Dabba should be asked (whether heto undertake theoffice).

is

wilHng

When

he has

been asked, some able and discreet Bhikkhu shouldlay the resolution before the Sa;;^gha, saying,*

Let the venerable Sawgha hear me. '"If it be convenient to the Sa;;^gha,"

let

the

Sawgha appoint Dabba'

the Mallian as

regulator

of lodging-places, and as apportioner of rations.

"This is the resolution (natt'i). " Let the venerable Samgha. hear me. "The Saw^gha appoints the venerable Dabba the Mallian as regulator of lodging-places, and as ap*'

portioner of rations.

so appointed, ones agrees that let him remain silent; whosoever does not agree, The venerable Dabba is appointed let him speak.

Whosoever of Dabba should be

the venerable

by the Sa?;2ghaproves thereof.I

as regulator of the lodging-places,rations.isit

and as apportioner ofunderstand.'"4.

The

Sa;;fgha ap-

Therefore

silent.

Thus do

And

the venerable

Dabba

the Mallian, being

so chosen, appointed one lodging-place in the place for the Bhikkhus who belonged to thedivision.

same same

For those Bhikkhus who were repeaters'

of the Suttantas he appointed a lodging-place together, thinking, They will be able to chant over

For those Bhikkhus the Suttantas to one another.' who were in charge of the Vinaya he appointed alodging-place together, thinking,to discuss the'

They

will

be able

Vinaya one with another.' For those Bhikkhus who were preachers of the Dhamma heappointed a lodging-place together, thinking, They will be able to talk over the Dhamma one with For those Bhikkhus who were given to another.''

IV,

4, 4-

THE SETTLEMENT OF DISPUTES.he appointed one lodging-place together, They will not disturb one another.' For^

meditationthinking,'

Bhikkhus who were wise in worldly lore, and abounding in bodily vigour '\ he appointed onethoselodging-place together, thinking,'

These venerable

ones, too, will thus remain settled according to theirpleasure.'for

And

for suchfire

them he caught

Bhikkhus as came in late, ^ and by the light of the

flame thereof he pointed out to them a lodging-place. So much so * that Bhikkhus of set purpose would

come

in late, thinking,

'We

shall

thus behold the

power of the Iddhi of the venerable Dabba the And they went up to the venerable Mallian.' 'Appoint us. O Dabba the Mallian, and said venerable Dabba, a lodging-place.' And to them the venerable Dabba the Mallian would speak thus: 'Where do the venerable ones:

desire to rest

?

Where

shall

I

appoint

it

?'

they of set purpose would designate some place afar, saying, 'May the venerable Dabba appoint us a lodging-place on the Vulture's Peak may

And

;

the venerable one appoint us a lodging-place at the Robber's Cliff may the venerable one appoint us a;

lodging-place at the Black

Rock on

the

Isigili

Passa

;

the venerable one appoint us a lodging on the Vebhara Passa may the venerable one appoint us

may

;

a lodging-place in the Sattapa;^?2i Cave

;

may

the

Ghiyino possibly used with the technical connotation nf being addicted to the practice of the Four G/iinn meditations ; but com*

pare Mahavagga2'

I, i, 3,

5, 7.

See the comment as quoted by H. O.

Compare

the use of

te^odhatuw samapa^^itvaA'ullavaggaI,

at

Mabt-

vaggal,*

15, 4.at9, i.

Compare api ssu

8

A-ULLAVAGGA.

IV, 4,

4.

venerable one appoint us a lodging-place in the

mountain cave of the Snake's Pool in Sita's Wood may the venerable one appoint us a lodging-place in the Goma/a Grotto may the venerable one appoint us a lodging-place in the cave of the Tinduka Tree may the venerable one appoint us a lodging;

;

place at the

Tapoda Ghat

;

may

the venerable oneA

appoint us a lodging-place in the

Tapoda Aramathe

mayin

the venerable one appoint us a lodging-place

6^ivaka's

Mango Grove

;

may

venerabledeer-park

one appoint us a lodging-placeat Maddaku/^/^-^i.'

in the

burst

Dabba the Mallian would and walk on in front of them with his finger burning, and they by the light thereof would follow close upon the venerablethe

And

venerable

into flame,

Dabbathe

the

Mallian.

And

the venerable

Dabba

Mallian would appoint them a lodging-place,is

saying, 'Thisthis the mat,

the couch, and this the stool, andthis the pillow,

and

and

this the privy

place,

and

this

the drinking-water ^ and this thethis

water for washing, andSa.mgha.^,to

the

staffs,

and

this

the form of (the result of) the consultation of thethat at such and such a time

are you

enter

are

thereon, and at such and such a time And when the you to depart therefrom*.'

^

Childers rendersthatit

That paribho^aniya/w does not mean drinking-water, as it, is clear from VIII, i, 2, where it is impliedis

to

be used for washing

feet.

Our

translation of

Maha-

vagga*^

II, 20,

5 should be corrected accordingly.

Compare below, VIII, 6, 3. Katika-sa/^anaw. Compare Gatakai, 3.

I,

81,

and Maha-

vagga VIII, 32, and A'ullavagga VIII,*

That

this is the correct

rendering of

this

otherwise doubtful

IV,

4, 5-

THE SETTLEMENT OF DISPUTES.

venerable

Dabba

the Mallian had thus appointed

unto them their lodging-place, he would return back again to the Bamboo Grove. 5. Now at that time the Bhikkhus who werefollowers of Mettiya and

Bhumma^akaamong

but recently received into wanting in merit, and suchto their lot,

had been Sawgha, and were the^

the

lodginginferior

places appertaining to the Ss-mghz as werefell

and the

inferior rations

^.

Ra^agaha were Now desirous of presenting to the Thera Bhikkhus a * wishing-gift ^ to wit, ghee and oil and dainty bits while to the Bhikkhus who were followers of Mettiya and Bhumma^aka they used to give an ordinaryat that time the people of;

gift

according to theirit^.

ability, to wit,

scraps of food

and sour gruel withpassageis

clear

from the closing words of VIII,In thetext, for the

i,

2,

of these phrases recur.

last

where most word nikkhiin

pitabba?;/ readat p.^

nikkhamitabbaw,

as pointed

out

the

note

363 of the edition of the text. These were two of the six leaders of the notorious J^AabhsLg-

giya Bhikkhus.^^

Compare the 22nd Nissaggiya. Abhisarakharikaw; that is,

a gift

by the giving of which

donor expressly wished that a particular result (as, for instance, that the donor should be re-born as a king or queen, orthe

should enter the paths, or have opportunity to hear a Buddha preach) should be brought about by the normal effect of that good There are not a few instances of such act in a future birth.wishes,

and of

their fulfilment,

recorded in various parts of thein

sacred literature.*

Uttaribhahgam.14,3. 4, 4.

See the passages quoted

the note

on

Mahavagga VI,together at VIII,*

These three things areat

also

mentionedPasa-

These expressions recurti

Gatakati

I,

228.

The Samanta

dika says merely

kawa^akan

sakimtaka-bhattaw.

Bilahga-

dutiyan

kajika-dutiyaw.

lO

^ULLAVAGGA.

IV,

4, 6.

alms,

they had returned from their receipt of and had eaten their meal, they asked the Thera Bhikkhus, 'What did you get, Sirs, at the place of alms what did you get ?' Some of the Theras answered, *We had ghee, we had oil we had dainty bits.' Sirs The Bhikkhus who were followers of Mettiya and;

When

;

;

Bhumma^akajust

repliedgift

:

'We

got nothing at

all.

Sirs

;

an ordinary

such as they could manage,it.'

scraps of food, and sour gruel with6.

Now

at that time a certain householder, pos^,

sessed of good foodhis wife

used to give a perpetual alms He with to the Sa^ngha, a meal for four Bhikkhus.

and children used to stand at the place of alms and serve and offer to some Bhikkhus boiled rice, and to some congey, and to some oil, and to some dainty bits. Now at that time the meal for the Bhikkhus who were followers of Mettiya and Bhumma^aka had been;

fixed for the

morrow

at the

house of this prosperous

householder.to the

And

the prosperous householder went

Arama for some business or other, and went up to the place where the venerable Dabba the Mallian was. And when he had come there, he saluted the venerable Dabba the Mallian, and took his seat on one side. And him so seated did the venerable Dabba instruct, and arouse, and gladden, and incite with religious discourse. And when the prosperous householder had thus been instructed, and aroused, and gladdened, and incited by the venerable Dabba the Mallian with* The Samanta Pasadika says simply kalyinsLm bhattaw assa kalyawa-bhattiko.

ti

IV,

4. 1-

THE SETTLEMENT OF DISPUTES.he saidto the venerableSir,

1 I

religious discourse,

Dabba

the Mallian

':

For whom,

has the meal been

appointed to-morrow at our house ?' The meal has been appointed, my friend, at your house to-morrow for those Bhikkhus who are fol'

lowers of Mettiya and Bhumma^aka.'

Thenthinking,at our

the prosperous householder'

was

ill-pleased,

How?'

house

can bad Bhikkhus enjoy themselves And going home he gave command:

to the slave-eirl

'

For those who come to-morrowmatsin the

for the meal, spread out thehall \!'

entrance

and serve them with scraps of food, and withit! '

sour gruel with'

Even

so. Sir

said the slave-girl, accepting the

word of the householder. Bhikkhus who were followers of 7. Then the Mettiya and Bhumma^aka spake one to another 'Yesterday a meal has been appointed for us at Tothe house of the prosperous householder.:

and children, will attend And he at the place of alms, and serve us. will offer to some of us boiled rice, and to some congey, and to some oil, and to some dainty bits.'

morrow upon us

he, with his wife

Andnight.

through joy thereat they slept uneasily that

Then the Bhikkhus who were followers of Mettiya and Bhumma^aka, having robed themselves in theearly morning,

went duly bowled and robed

to the

And dwelling-place of the prosperous householder. Bhikkhus who were followers that slave-girl saw the^

Ko//Aake, which meansSee (ratakaI,

the

battlemented

gateway which

formed the entrance to an important house; and in which there

was a room.

227.

12

/ /

ATULLAVAGGA.

IV,

4, 7.

of Mettiya and Bhiimma^aka approaching from afar;

and spreading out the matssaid to them,'

in the entrance hall,

she

Be

seated, Sirs.'

And

the Bhikkhus

who were'

followers of Mettiya

and Bhumma^aka thought For a certainty the meal cannot yet be ready, since we are told to take:

our seats

in

the entrance.'slave-girl

Thenfood,!

the

coming up with scraps ofit,

and sour gruel with

said to them,

'

Eat,

Sirs*

We, sister,I I

are of those for

whom perpetualso.

meals

are provided.**

know.

Sirs, that

you are

But only yesterfor the

dayfor

received

command frommats

the householder that

them who should come to-morrowto spread out thein the

wasit.

entrance

hall,

meal I and

serve them with scraps of food, and some gruel withEat, Sirs!

Then the Bhikkhus who were followers of Mettiya and Bhumma^aka thought It was yesterday that' :

came to the For a certainty the householder must have been set against us bythe householder, the prosperous one,

AramaDabba

to visit

Dabba

the Mallian.

the Mallian.'

they ate uneasily.followers oT Mettiya

And through sorrow thereat And the Bhikkhus who were

and Bhumma^aka, when they had finished their meal, returned from the receipt of alms, went to the Arama, and laid aside their bowls and their robes, and sat down outside the porch of the Arama, squatting against their waist cloths \A

^

Saigha/i-pallatthikaya.

There

is

a misprint in the text

("uikaya).

On

this curious

expression, see below, V, 28, 2.

IV,

4, 8.

THE SETTLEMENT OF DISPUTES.

1

and ashamed, with fallen hearts ', and sunken faces, moody, and bewildered ^. 8. Now the Bhikkhuni Mettiya came up to the place where the Bhikkhus who were followers of Mettiya and Bhumma^aka were and when she hadsilent,:

come

there she said to

them

* :

My

salutation to you.

Sirs 3!'

Whenfollowers

she had so said the Bhikkhusof

who were Mettiya and Bhumma^aka did not:!

speak to her.'

So a second time she said to them and they did not My salutation to you, Sirs And a third time she said to them My speak.'

'

:

salutation to you, Sirs

! '

Still

the third time the

Bhikkhus who were followers of Mettiya and Bhum-

ma^aka

did not speak.'

And

she said

'

:

Wherein

have I offended you, Sirs ? Wherefore do you not speak to me ? Are you then so indifferent ^ sister, when we are tormented by Dabba the Mallian ? But what can I do. Sirs ?' ' ' '

^

patitakkhandha.pare the use of

Pattakkhandha, which the Samanta Pasadika explains by Khandha here seems to mean faculties.' Com'

Dhamma

in a similar

connection at Maha-parinib;

bana Sutta II, 32=Mahavagga V, 13, 9 and see Buddhaghosa's commentary on that passage, quoted by Rh. D. in Buddhist Suttas from the Pali/ p. 36. 2 Appa/ibhana, Pa/ibhana;;z is the rapid suggestion of an idea in a case of doubt or difficulty, an illumination; so that pa'

/ibhanako, the man of ready wit, may be compared with upayakusalo, the man fertile in resource. 'Absent-minded' would be an incorrect rendering; they had no idea what to think or do, and the appearance of the nun on the scene (in the next paragraph) supplied the want.^

Till

then they hesitated, drifted.to 9, is

Theword

following narrative,in

down

repeated almost word

for

V, 20, only that the person there persuaded to bring theis

false*

accusation

different.

Ajg'^Aupekkhati.

Compare Gataka

I,

147.

14'

^ULLAVAGGA.If

IV,

4, 9.

you

like, sister,

you could

this

very day make

the Blessed One. expel the venerableMallian.'

Dabba

the

But what shall I do, Sirs ? What is it that it is in my power to do ? Come now, sister do you go to the place where the Blessed One is, and when you have come there say'

'

;

as follows

:

" This,

Lord,free

is

neither

fit

nor proper that

the very quarter of the heavens which should besafe, secure,

from danger, that from that very quarter should come danger, calamity, and that where one might expect a calm, one distress should meet a gale. Methinks the very water has I have been defiled, Lord, by Dabba taken fire.

and

the Mallian'

!"!'

Very

well. Sirs

said the Bhikkhuni Mettiya,

accepting the word of the followers of Mettiya and

Bhumma^aka.9.

And

she went to the Blessed

One

[and spake even as she had been directed].

Then

the Blessed One, on that occasion and in

that connection, convened a meeting of the Sa;;^gha,

and asked the venerable Dabba the Mallian Are you conscious ^, Dabba, of having done such:

'

a thing as this Bhikkhuni says

'

?

Even as my Lord, [And a second and a'

the Blessed One, knows me.'

third time the Blessed One asked the same question, and received the samereply.]^

Literally,

*

Do

you

recollect

?

'

But

it

is

quite clear

from the

technical words at the close of this section that the verb sarati

had already acquired the secondary meaning to be conscious of.' The whole story is peculiarly valuable as illustrating the growth of the connotation of the verb and its allied meanings, and indirectly the origin and growth of the idea of conscience which has played so great a part in theological and ethical speculation.'' '

IV, 4,

9-

THE SETTLEMENT OF DISPUTES.said the Blessed

I

5

The Dabbas, O Dabba, do not thus repudiate \ If you have done If you have not done it, say you have it, say so.Then

One

'

:

not.'

mind ^ that I have practised sexual intercourse even in a dream, much less when I was awake*

Since

I

was born, Lord,

I

cannot

call to

!

AndMettiya,

the Blessed*:

One

addressed the Bhikkhus,

and said

And

Expel then, O Bhikkhus, the Bhikkhuni and examine those Bhikkhus about it.' so saying he rose from his seat and enteredthose

into the Vihara.

Bhikkhus expelled the Bhikkhuni But the Bhikkhus who were followers of Mettiya and Bhumma^aka said to those Bhikkhus Do not, Sirs, expel the Bhikkhuni Mettiya. She has not committed any offence. She has been set on by us with angry and bitter intentions of causingMettiyi.:

Then

'

his'

fall.'

What

then,

Sirs

?

is

it

you who?

are'

thus

harassing the venerable

Dabba

the Mallian with a

groundless charge and breach of morality'

That

is

true, Sirs.'

Then'

those Bhikkhus

who were moderate wereand complained, saying,

indignant

and annoyed

How

can these Bhikkhus the followers of Mettiyawith a

and Bhumma^aka harass the venerable Dabba theMallian

groundless charge

of

breach of

That is, Men of character and standing such as yours, Dabba, are not in the habit of repudiating a charge in so indirect a manner by adverting merely to their standing and known*'

O

character.'^

Here

the

word used

is

abhi^anami.

1

ATULLAVAGGA.?'

TV.

4, 10.

morality

And

they told the matter to the Blessed

One.*

Is this true,It is true,

O

Bhikkhus

?

*

Lord.* de-

Then he rebuked them, and when he hadlivered

a religious Bhikkhus, and said:

discourse,

he

addressed theto

'

Let

then

the

Sawgha

grant

Dabba

the

Mallian,is

whose conscience

in respect

of this matter

quite clear, the Proceeding for the consciously

innocent10.*

'And

thus,

O

Bhikkhus,the

is it

to

Let

that

Dabba

Mallian

shoulder, let

and having arranged his him bow down at the feet of the senior Bhikkhus, and crouching down -, let him stretchSa;;2gha,^

be granted. go before the robe over one

Dabbassa sati-vepulla-ppattassaexplanation of the

sati -vinayaz?/

detu.

compound sati-vepulla-ppatto given by Childers, though it rests on so good an authority as that of Vi^esi;?/ha MudaHar, cannot be right. He makes it mean a man of'

The

great intellectual development.'fact

But sati must here

refer to the

that

Dabba has been

formally called

(sari to) whether he did or did not

upon commit theis

to

remember

offence.

And

though the exact sense of the compoundjecturally rendered

subject to

the general sense of the clause must be veryit.

much

as

some doubt, we have con-

On

this

formal appeal to the conscience, or

memoryposedto

(sati),

of a Bhikkhu charged with an offence, or supI,

have offended, see A'ullavagganisiditva.

2,

and 5

at the

end;

and X,^

20.

Ukku/ikawis

This verb does not mean'

to

sit

on

thein

hams,' as rendered by Childers.

The

exact posture,

unknown

Europe,

to crouch

on

the

ground) in

down on the feet such a way that

(keeping both toes and heelsthe

hams do not touchit.

theit

ground, but come within an inch or two ofverydifficult to

Europeans

find

retain this posture forit

any length of time, but theregarded in the Pi/akas as a

natives of India find

easy,

and

it

is

posture of humility.

IV,

4, 10.

THE SETTLEMENT OF DISPUTES.

1

forth hislet

hands with the palms joined together, and

These Bhikkhus, Sirs, the followers of Mettiya and Bhumma^^aka, are harassing me by a

him

say, "

groundless charge of breach of morality.

But I, Sirs, in respect thereof have a clear conscience, and I ask the Sa^z/gha for the acquittal to be accordedto

those

who

are conscious of innocence."discreet

Then

some able andvenerablethe

Bhikkhu

is

thus to lay the"

resolution (;^atti) before

the Sa7;/gha.

Let the

Sawgha hear me.venerable

followers

These Bhikkhus, Sirs, of Mettiya and Bhumma^aka, are

harassing the

Dabba

the Mallian with

a groundless charge of a breach of morality, and the venerable Dabba the Mallian has in respect thereofa conscience thatIf the timeis clear,

and asks the Sa;ghalet

for

the acquittal of thoseis

who

are conscious of innocence.

convenient to the Sawgha,

the

Sa;;^gha accord to the venerable

Dabba

the Mallian

the acquittal of thosecence.

who

are conscious of inno-

This

is

the resolution.

Sawgha hear me. down to) asks the Sa7;^gha for the acquittal of those who are conscious of innocence. The Sa?;/oha accords to the venerable Dabba the Mallian the acquittal of those who are consciously innocent. Whosoever of the venerable ones approves of the grant to Dabba the Mallian of the acquittal of those who are conscious of innocence, let him keep silence. Whosoever approves not thereof, let him speak. And a second time I say the same thing. And a third time I say the same thing. Let thevenerable Sa^^gha hear me.as before,

Let the venerable These Bhikkhus (&c., as before,

These Bhikkhus

(&c.,

down to) let him speak. The acquittal of those who are conscious of innocence has been[20]

c

iS

A'ULLAVAGGA.Sa;;2ghato

IV,

4, ii.

granted by thesilent.

Dabba'

the

Mallian.isit

The Sawgha approvesThus do*

thereof.

Therefore

I

understand ^"

IT.

There are

five things

which make a grant of

acquittal to those

who

are conscious of innocence to

be accordinp" to law. The Bhikkhu must be innocent and without offence, others must have censured him, he must ask the Sa7;^gha for acquittal as beingconscious of innocence, the Sa7;?gha must grantit,

the Sa^2gha must be duly held and duly constituted.

These,

O

Bhikkhus, are the

five things

which make

a grant of the acquittal of those

who

are conscious

of innocence to be according to law.'

Bhikkhu Gaesfa was fc>t>' insane and out of his mind and by him, when so insane and out of his mind, many things unworthy of a sama;2a had been committed, as well in speech as in act ^. The Bhikkhus warned the Bhikkhu Gagga of a fault so committed by him when insane and out of his mind, saying, Does the venerable one call toI.

Now

at that time

the

;

'

^

This section

is

repeated below, chap. 14, 27, with the neces-

sary alterations for a general rule instead of a particular case.^

Theis

particular decision given in this chapter for the particular

case

elaborated in chap. 14, 28 below into a general rule for

every similar case.^ Buddhaghosa explains this word as follows: 'Bhasitaparikantan ti vaHya bhasitawz kayena parikkanta/zz parikkametva katan ti attho.' The similar word Parikantaz?^, which occurs in the

Sulta-vibhanga, Para^ika IV,thic

i,

2, in

the sense of lacerated,

is

from

root

krmt.

IV, 5,

I.

THE SETTLEMENT OF DISPUTES,that?'

19

mind

he has committed such and such an

offence

He replied, I, my friends, was insane and out of my mind. (No doubt) many things unworthy of asamawa,as well in speech as in act,

may have been

committed by me when so insane and out of my mind. But I do not recollect it. It was done by me by reason of my insanity.' But though they received that answer from him \ they warned him still, saying, Does the venerable one call to mind that he has committed such and such an offence ? 'Those Bhikkhus who were moderate were annoyed, murmured, and became indignant, saying, " How can those Bhikkhus warn the Bhikkhu Gagga such and such an offence ?" And when saying " I, my friends, was insane ... by he replies, reason of my insanity " how can those Bhikkhus him, saying ... of such and such an still warn'. .

.

.

.

.

offence

?

And'Isit

those Bhikkhus

told

the

matter to

the

Blessed One.true,

O

Bhikkhus, that those Bhikkhus (&c.,to)

as before,'

down

such and such an offence

?

It is true, Lord.'

Then he rebuked them, and when he had delivereda religious discourse

he addressed the Bhikkhus,grantto

and said'

Let

then

the

Sawgha

Gagga

the

^

Na/

in the text

is

correct.;

It

is

identical

with the na-m

so frequently found in Jain Prakrit

on which

see

Weber

in his

Bhagavati

'

Abhandlungen der Berliner Akadamie,' 1865, pp. 422

and

foil.

C 2

20

JfULLAVAGGA.is

IV, 5,

2.

Bhikkhu whothose2.

now sane

the

dispensation

for

who'And

are no longer insane.thus,

be granted. Let that Bhikkhu Gagga [here follow the words of the formal request, of the resolution, and of theBhikkhus, shouldit*

O

grant by decision of the

Sa;;^gha, exactly in

the

same way as

in the last case, chapter 4, 10].'

6.

I.

'There are three:

cases,

O

Bhikkhus, in which

grants of dispensation for thoseinsane are not valid grants are valid.'

who

are no longer

and three cases in which such

What

are

the three cases in which grants of

dispensation for thoseare not valid'

who

are no

longer insane a Bhikkhu

?

In the

first place,

O

Bhikkhus,:

in case

have committed an offenceeither the Sa.mgha., or a

and

in respect thereof

number of Bhikkhus, or a single Bhikkhu, warn him, saying, " Does the venerable one call to mind that he has been guiltyof such and such an offence?

"

Andit,

he, notwith*'

standing that he does remember

do not remember, Sirs, that I have been guilty of such and such an offence." Then if the Saw^gha grant him the dispensation of those who are no longer insane,says,I

that grant'

is

not valid.

Again,

O

Bhikkhus,

in case a

Bhikkhu

(&c., as

before,

down to) And he, notwithstanding that he does remember it, says, " I remember it. Sirs, but as if in a dream." Then if the Sa.mgh3, grant him

IV,

6, 2.

THE SETTLEMENT OF DISPUTES.

2

I

the dispensation of thosethat errant'

whoin

are no longer insane,

is

not vahd.

Aeain,

O

Bhikkhus,

case

a Bhikkhii

have

committed an offence, and in respect thereof either the Sawgha, or a number of Bhikkhus, or a single Bhikkhu, warn him, saying, "Does the venerable one call to mind that he has been guilty of such and such an offence ?" And he, though he is not insane, acts in the (deceptive) way of an insane person \ saying, " I act so, and you act so likewise. Then It beseems me, and it likewise beseems you." if the Sawgha grant him the dispensation of those

who'

are no longer insane, that grantcases,

is

not valid.in

These are the threeis

O

Bhikkhus,

which

a grant of the dispensation for those

who

are no

longer insane2.

not valid.

'What?

are the three cases in which grants of

dispensation for thosevalid*

who

are no longer insane are

Bhikkhus, in case a Bhikkhu be insane and out of his mind and by him, when so insane and out of his mind, many things unworthy of a sama;^a have been committed, as well in speechIn thefirst

place,

O

;

as in act.

And

either the Samgha., or a

Bhikkhus, or a singlespect thereof, saying,to"

number of Bhikkhu, warns him in reDoes the venerable one callnot

and such an remembering it. answers, " I do not remember. Sirs, that I have been guilty of such and such an offence." Then if the Sawgha grants him the dispensation for those

mind

that he has committed such

offence ?"

And

he

really

who'

are no longer insane, that grant

is

valid.says

nothing.

Ummattakalayara karoti, on which Buddhaghosa The word recurs in the following section.

22

JSTULLAVAGGA.

IV,

7, 1.

'Again,

O

Bhikkhus,

and out ofit,

his

he, not reallySirs,

in case a Bhikkhu be insane mind (&c,, as before, down to) And remembering it, answers, " I rememberif in

but as

a dream,"

Then

if

the Sa;;2gha

grants him the dispensation for those

who

are no

longer insane, that grant'

is

valid.

Again,

O

Bhikkhus,

in case

a Bhikkhu be insane

and out of

his

mind

(&c., as before,

down

to) "

DoesbeingIt

the venerable one call to mind that he has beenguilty of suchstill

and such an offence

?"

And

he,

insane, acts in the**

way

of an insane person,act

saying,

I

act

so,it

and youlikewise

so

likewise.

beseems me, andif

the Sa;;?gha (afterwards) grant

beseems you." Then him the dispensa-

tion for thoseis

who

are no longer insane, that grant

valid.'

These are the threeis valid.'

cases,

O

Bhikkhus,

in

which

the grant of the dispensation for those

who

are no

longer insane

I.

Now

at that time the iT/^abbaggiya

carried out official acts against

Bhikkhus Bhikkhus who hador the

not confessed themselves guilty

the

kamma,the

or the

Nissaya-kamma,or the

Ta^^aniyaPabba-

^aniya-kamma,

Pa/isara;^iya-kamma, oran-

Ukkhepaniya-kamma.indignant, saying,

Those Bhikkhus who were moderate werenoyed, murmured, and became'

How

can

the

AT/^abbaggiya

Bhikkhus

(&c.,

as

before).'

And

those Bhikkhus told the matter to

the Blessed One.

IV,

8, I.

THE SETTLEMENT OF DISPUTES.it

2

^

'

Is

true,

O?'

Bhikkluis, that the AV^abbaggiya

Bhikkhus do so*

It is true, Lord.'

Then he rebuked them, and when he hadlivered

de-

a

rehgious:

discourse,

he

addressed the

Bhikkhus, and said'

No

official

act,

O

Bhikkhus,

whether the Ta^'-

^aniya-kamma, or the N issaya-kamma, or the Pabba^aniya-kamma, or the Pa/isira?^iyakamma, or the Ukkhepaniya-kamma, is to be carried out against Bhikkhus who have not con-

fessedshall

themselves

guilty ^

Whosoever doesoffence.'

so,

be guilty of a

dukka/a

8.'.

I

Now,

O

Bhikkhus, an

official

act carried out

against a Bhikkhuis

who hasandis

confessed himself guiltyvalid as follows.

invalid as follows,

And?I

how does such anandin

official

act

becomethe

invalid

n

case a Bhikkhu have committed a Para^ika offence,

Sawgha, or a or a single Bhikkhu warns him, saying, " The venerable one has been guilty of a Para^ika." And he replies, thus, " I have not, Sirs, been guilty of a Para^ika. I have been guiltyrespect

thereof either

number of Bhikkhus,

of a

Sa;;^ghadisesa."

Andfor a

in

respect thereof the

Sa;;2gha deals with that official act

him

Sawghadisesa.

Then

is invalid.'

^

The modeout in

in

which such a confession ought

to

be made

is

set

full in

IV, 14, 30-34,

24

X-ULLAVAGGA.so alsoif

IV,

8, 2.

[And

on being warned of any one of

the seven offences^ he confesses himself to be guilty of any one of the offences different from the one

charged, then the2.'

official act is invalid.]

And

when,

O

Bhikkhus,

is

such an

official act

In case a Bhikkhu have committed a Paravalid ? ^ika offence, and in respect thereof the Sawgha, or a number of Bhikkhus, or a single Bhikkhu warns him, saying, " The venerable one has been guilty And he replies, " Yea, Sirs, I have of a Para^ika."

been guilty of a Para^ika." the Samgha. deals with himthat official actis

And

in respect

thereof

for a Para^ika.

Then

valid

^.'

[Andin ^I,

so for each of the other offences mentionedJ

the whole of

2 is

repeated.]

93.

Bhikkhus in chapter (Sa?7^gha) assembled, since they became violent, quarrelsome, and disputatious, and kept on woundwere unable ing one another with sharp wordsat

Now

that

time

the

"*,

^

The same, namely,

as those in the

list

given at

Mahavagga IV,

16, 12, &c.

In other words, if a Bhikkhu confesses an offence different from that with which he has been charged, the confession cannot^

be used against him even as regards a decision with respect to theoffence confessed.^

On this'

chapter, see further below, IV, 14, 16.

*

Ann!Lm3,nna?nis

mukhaisattihi

vitudanta

viharanti.

Literally,

with mouth-javelins.'

Vitudati, and not vitudati as

Childers gives,II,

the right spelling.

So FausboU reads

at

Gataka

185, 186.

IV, 9.

THE SETTLEMENT OF DISPUTES.

2$

to

settle the disputed question (that

was broughtOne.dis-

before them).

They^'

told this matter to the Blessed

I

allow you,

O

Bhikkhus, to settle such a

pute by the vote of the majority.shall

A

Bhikkhu whoshall

be possessed of

five

qualifications

be

appointed as taker of the voting tickets

one who

does not walkin

one who does not walk in folly, one who does not walk in fear^, one who knows what (votes) have been taken and what have not beenin partiality,

malice, one

who does

not walk

taken.'

Andwill

thus shall he be appointed.

'

First the

Bhikkhuis

is

to

he

undertake the

office).

be requested (whether Then some able and

discreet

Bhikkhusaying,

to bring the matter before the

Sawgha,'

"

Let the venerable Sawgha hear me.

If the

time seems meet to the Sa7;/gha, let the Sawgha appoint a Bhikkhu of such and such a name astaker of the voting tickets.'"'

This

is

the motion (;Iatti).Sa7;/gha

"

Let the venerableappointsa

hear

me.

The

Sawgha name as

Bhikkhu of such and such a

taker of the tickets.

Whosoever of the

venerable ones approves of the Bhikkhu of such

and such a name being appointed as taker of the

^

From

here to the end of the chapter recurs in IV, 14, 24.qualifications

rightly

always ascribed to one who and are called the four Agatis. They are the especial attributes of a good king sitting as judge, and are mentioned elsewhere (Sawghadisesa XIII; Mahavagga2

These are thefills

any

judicial offence,

VIII,

5, 2

;

VIII,

6, I

;

and below, VI,

11, 2) of other officialstext.

of the order with duties similar to those in the

26tickets, let

KULLAVAGGA.

IV,

lO,

i.

him keep silence. Whosoever approves The Bhikkhii of such not thereof, let him speak. is appointed by the Sawgha as and such a nametaker of the voting tickets.

Therefore

is

it

silent.

Thus do

I

understand.'

101.I.

'There are tenisis

cases,

O

Bhikkhus,

in

takine of votes

invalid;

and ten

in

which the which the

taking of votes'

valid.

Which?

are the ten in which the taking of votes

is

invalid

When

the matter in disputeits

is trivial

^

when

the

case has not run

course (that

is,

when the necessary preliminaries of submission to when rearbitration have not been carried out^)

garding the matter in dispute the Bhikkhus have not formally remembered, or been formally called upon to remember, the offence ^ when the taker of

votes

5

knows

that those

whose opinions are notwill

in

accordance with the law

be

in

the majority,

^

On

this chapter, see further

Oramattakaw. Compare minimis non curat lex.23

below, IV, 14, 24-26. the English law maxim,

De

Buddhaghosa

says,

Na

ks.

gatigatan

ti

dve tayo avase na See

gata2, tattha

tatth'

eva va dvitikkhattu///

aviniM/ntaw.

on

these proceedings above.*

Buddhaghosa

says,

Na

ka.

sarita-saritanaTiftehi saritaw

ti

dvitikkhattu^z

tehi">

bhikkhuhi sayara saritaw va

va na hoti.

Ganati

ti

salakaw gahento ^anati.

(S. P.)

IV, II,

I.

THE SETTLEMENT OF DISPUTES.

2']

or probably^

may behe

in

the

majority

when

hein

knowsthe

that the voting will result in a schism

Sa?;/crha

when^

is

in in

doubt whether thethe Sa7;/gha^

voting

will result in

a schism

the votes are irregularly given

when

whendo notin ac-

all

vote equally

andthe

when they do not vote

cordance withinvalid2.'

view (which they really hold). These are the ten cases in which the voting is*.

And

which are the ten cases?'

in

which the

votino[' is

valid

[The ten cases areother ten.]

precisely the reverse of the

11.I.

Now

at that time the

Bhikkhu Uva/a^ beingit,.

in the midst of the Sawoha with an when he had denied then confessed when he had confessed it then denied it, made

examined

offence,

eva nama. That this phrase does not merely mean is clear from its use in 2, - Adhammena gahanti ti adhammavadino eva/w maya7 bahu bhavissama ti dve dve salakayo ga^hanti. (S. P.)^'

App

perhaps

'

= vi + agga, compare our note on the 21st and A'ullavagga I, 2, i. Buddhaghosa here says, Vagga gaz/hantt ti dve dhammavadino ekaw dhammavadisalakaw gaz/hanti evaw dhammavadino na bahu bhavissanti ti^

On

vagga, here

Pa/{'ittiya,

maamana. With this chapter^

the

26th section of chapter 14 should befor

compared, where very curious means are inculcated

avoiding

some of^

the votes here stated to be invalid.

In the

Burmese MSS.

the

name

of this

monk

is

written

Upavala.

28

iiTULLAVAGGA.

TV,

li, 2.

counter-charges \ andto

spoke

lies

which he knew

be such

2.

Those Bhikkhus who were moderate were annoyed, murmured, and became indignant, saying, How can the Bhikkhu Uva/a do so ? And they' '

told the matter to the Blessed'

One.

Is

it

true,

O

Bhikkhus, as they say that the

Bhikkhu*

[&c., as before].'

It is true, Lord.*

Then he rebukedand said Then,: '

him, and

when he had

delivered

a religious discourse he addressed the Bhikkhus,

O

Bhikkhus,

let

the Sa;;2gha carry out(the Proceeding^.'

the

Tassa-papiyyasika-kamma'Andfirst;

in the case of2.

the obstinately wrong)

thus,

O

Bhikkhus,

is it

to

be carried

out.

Bhikkhu Uva/a must have been warned when he had been warned, he must have been called upon to remember (whether he has, or has not, consciously committed the offence) when he had been called upon to remember, he must have been caused (by being put on his trial with respect to the offence) to bring upon himself a newIn theplace the;

'

Annensk. awwa? pa/i>^arati.

We

follow Wijesi/ha Mudali-

yar's interpretation of this phrase as given

by Childers

(s. v.

tassa-

papiyyasika).

Chapter 14, section 29 below, is in fact an elaboration of this paragraph, giving instances of the kind of prevarication here in"^

tended to be referred^

to.is

The

exact meaning of the phraseItis

somewhatsinful

doubtful,

owing'

to the

ambiguity of the tassa.

should probably be analysed

the

proceeding against one(tassa);' thatis,

who

more

(papiyo) than

that

who adds

sin to sin.

Childers gives a long notethis chapter,

on

the Proceeding

drawn by Wijesi/ha Mudaliyar from

but does not analyse the word.

IV, 11,2.

THE SETTLEMENT OF DISPUTES.

29

offence (namely, of obstinacy or prevarication);

when

he has brought upon himself this new offence, some discreet and able Bhikkhu ought to lay the matterbefore the Sawgha, saying,

This Let the venerable Sawgha hear me. Bhikkhu Uva/a, being examined in the midst of the Sawoha with an offence, when he has denied it then confesses it, when he has confessed it then denies it, makes counter-charges, and speaks lies which he'

"

knows

to

be such.let

If the time

seems meet

to the

Sa;;^gha,

the

papiyyasika-kamma'

Samgha. carry out the Tassaagainst the Bhikkhu Uva/a.

This is the motion. This Let the venerable Sawgha hear me. Bhikkhu Uva/a (&c., as before). The Sawgha car'

"

"

ries

out the

Tassa-papiyyasika-kamma

against

Uva/a the Bhikkhu.ones approves of the

Whosoever of the venerable

Tassa-pdpiyyasika-kamma

being carried out against Uva/a the Bhikkhu, let him keep silence. Whosoever approves not thereof, let

him speak.*

"

A

second time

I

say the same thing.

This

Bhikkhu Uva/aspeak.before,

(&c., as before,I

down

to)

let

him

A

third time

say the same thing

(&c., as

down to) let him speak. '"The Tassa-papiyyasika-kamma has been carried out by the Sawgha against Uva/a the Bhikkhu. Therefore is it silent. Thus do I understand \"^

This

Kammava^aI, i, 4,

is

precisely theall

same

as

is

laid

down

in

A'uUavagga

&c. in the case of

the other penal

Kammas.

30

T^ULLAVAGGA.

IV, 12,

I.

12.1.'

There are

five things,

O

Bhikkhus, which are

necessary to the vaHd carrying out of the

papiyyasika-kamma.is

To

wit

hethefull

Tassa-

is

impure, he

shameless

him^2.

theit'

a censure has been set on foot againstcarries

Sa;;?eha

out

Kamma is

it

carries

out lawfully, and in athings,

quorum,character-

There are threeis

O

Bhikkhus, by which,against theis

when a Tassa-papiyyasika-kammaised,it

against thedifficult to

Dhamma, andbesettled;

Vinaya, andit

(that

to say),

assembly when of properly qualified persons, according to law and justice, and in the presence of the litigant parties when it has been carried out without the accused person having been heard when it has been carried out without the accused person having confessedhas not been carried out in afull

himself guilty.

These are the three things, O Bhikkhus, by when a Tassa-papiyyasika-kamma is characterised, it is against the Dhamma, and against the Vinaya, and difficult to be settled. There are three things by which (and as in last*

which,

'

paragraph)

it

is

in

accordance with the

Dhamma,

and

in;

accordance with the Vinaya, and easy to be(thatis

settled

to say),is

when

it

has been [&c., the^.'

rest of this

paragraphthe use of

the reverse of the last]

^

Compare

anuvado

in

^ullavagga

I, 5.

These paragraphs exactly correspond to paragraphs at A'ullavagga I, 2. It is probably merely owing to this repetition that it is here also prescribed that the accused person must confess^

IV, 13,

I.

TFIE

SETTLEMENT OF DISPUTES.

3

3,

[This paragraph exactly corresponds toI, 4,

A'lilla-

vagga

paragraphif

i, it

as

to

the three cases in

which the Sawgha,

hkes,

may

carry out the

Tassa-papiyyasika-kamma4,

against a Bhikkhu.]

[In this paragraph the 'right conduct' for ato this

Bhikkhu who has been subjectedlaid

Kamma

is

down

precisely as in

I,

5 for a

Bhikkhu sub-

jected to the Ta^^aniya-kamma.]

Then the Sawgha carried out piyyasika-kamma against Uva/a

the

Tassa-p^-

the Bhikkhu.

13 \I.

Now

at that time, whilein

the Bhikkhus were

and disputes, they had been guilty of many things unworthy of a Sama7^a, as well in word as in deed, and it occurred to the Bhikkhus, 'Whilst we were continuing, &c. we have been guilty, &c. ... as well in word as incontinuingquarrels, strifes,. .

deed.

If

offences,

it

we now deal one with another for those may happen that that proceeding may

result in harshness, in ill-feeling, in divisions.

How

now should we manae^e

?

And'

they told the matter to the Blessed One.

In case,

O

Bhikkhus, whilst the Bhikkhus are. . .

continuing, &c.in

word.

as in deed.

they are guilty, &c. ... as well And it occurs to them, " Whilst.,

we were&c...

continuing, &c.If

.

we nowit

deal, &c.

we have been guilty, How now shall.

.

.

himself guilty, asthat^

must be evident from the Introductory Story,

he

will

not do

so.

The whole

of this chapter recurs below, IV, 14, 33,

32

^ULLAVAGGA.?"I

IV, 13,

2.

we managesettle a

enjoin

upon you,

O

Bhikkhus, to

matter of this kind by Ti;^avattharakato

(the2.

Covering over as with grass) ^ And thus, O Bhikkhus, is'

it

be

settled.

When they All are to meet together in one spot. have met together some able and discreet Bhikkhuis

to bring the matter before the Sa;;^gha, saying,*

Let the venerable Sawgha hear me. While we were continuing, &c. ... we have been guilty, &c.".

.

.

as well in(&c.,

word as

in deed.

And

it

occurred to us

down to) If we now deal one with another, &c. ... it may result in harshness, in ill-feeling, indivisions.let

If the

time seems meet to the Sa;;2gha,

the

Samgha^,

settle this

matter by the Coveringonly as regards serious

over as with grassoffences

except

and as regards those things in which the laity have been concerned." Then some discreet and able Bhikkhu among those Bhikkhus who belong to the one party is to*

bring the matter before his'

own

party, saying,

"

May

the venerable ones hear me.

While weguilty, &c.

were continuing, &c. ... we have been

word as in deed. And it occurred (down to) in divisions. If the time to us, &c. seems meet to you, venerable Sirs, I would confess in the midst of the Sa;;^gha, both on your behalf, venerable Sirs, and on my own behalf, both such offence as is yours, venerable Sirs, and such offence

...

as well in..

.

^

in the notes to"^

Buddhaghosa's commentary on H. O.'s edition of the

this

expression

will

be found

text, pp. 313,

314.

Buddhaghosa (H. O. loc. cit.) explains Para^ika or Sawighadisesa offences. Du/Mulla apatti at Mahavagga X, 5, 4.

this as

meaning

either

So

also

he explains

IV,

13, 2.

THE SETTLEMENT OF DISPUTES.to the

33

as

is

mine own,

end that

it

may be covered

over as with grass, except only as regards serious offences, and as regards those things in which thelaity

have been concerned." 'And some discreet and able Bhikkhu among theis

Bhikkhiis belonging to the other partythe matter before his

to bring

own

party, saying,

"

May

the

venerable ones hearparagraph,'

me

[&c., as before in the last

down

to the end]."

Then

the discreet and able Bhikkhuto the

among

the

Bhikkhus belongingrable

one party"

is

to bring the

matter before the Sawgha, saying,

May

the vene-

Sawgha hear me.to) in divisions.I

While weIf the time^

(&c., as before,

down

seems meet to

the Sawgha,

Sa?;/gha, both

would confess in the midst of the on behalf of these venerable ones

and on my own behalf, both such offence as is theirs and such offence as is mine own, to the end that it may be covered over as with grass, except only as regards serious offences, and as regards those things in which the laity have been concerned. This is the motion (/latti). May the venerable Sa7;2gha hear me. While we (&c., as before, down to) indivisions.I

confess (&c., as before,

which the laity of the venerable ones approves of the confession of these our offences, to the end that they may so be covered over as with grass, except as before mentioned, let him keep silence. Whosoever approvesnot thereof,that theylet

down to) in have been concerned. Whosoever

confessed in

These our offences are the midst of the Saweha, to the endcovered over as with grass, exceptCompare IV,14, 33, at the end.

him speak.

may be

^

Deseyya;?;.

[20]

D

34

rULLAVAGGA.

IV,

14, i.

as before mentioned.

Therefore

is it silent.

'And

the discreet

The Sawgha approves thereof. Thus do I understand." and able Bhikkhu among theto the other partyis

Bhikkhus belonging

to bring"

Let the the matter before the Sawgha, saying, Sa;/^gha hear me (&c., as before in the venerablelast

paragraph,thus,

down

to the end)."

'Then

O

Bhikkhus, those

Bhikkhus are

absolved of those offences, except as regards serious offences, and as regards those things in which thelaity

have

been concerned,

and except

also

as

regards thoseproceedings,

who express their disapproval of or who are not present at them \'

the

14.

Bhikkhus had disputes with Bhikkhus, and Bhikkhunis with Bhikkhus. And the Bhikkhu A7/anna ^ forcing his way (into the apartments) of the Bhikkhunis ^ took the part of the Bhikkhunis and disputed with the Bhikkhus.I.

Now

at that time

On these phrases Buddhaghosa has the following note Di/Mavikamman ti ye pana na me ta.m khamati awlamawla^ ti

di/Mavikammawz karonti tehi va saddhira apattiwz apa^^itva pi, tattha anagata agantva va k/i3.ndzm datvi pariveadisu nisinna, te This is more an exegesis on the rule apattihi na vu////ahanti.than an explanation of the wordsing would be*

Di/MavikammawThe

/-^apetvS,render-

the exact meaning of which remains doubtful.'

literal

except as regards the manifestation of opinion.'

Buddha

was with reference to this conduct of -Oanna that the is stated in the Maha-parinibbana Sutta VI, 4 to have imposed a penalty upon him. He is also mentioned above, I, 25-3i)and below, XI, i, 12-14. ' Compare the Buddhaghosa says i6th and 43rd Pa-^ittiyas. here, Bhikkhuninaz?/ anupakha^^a ti bhikkhuninaw antoIt

pavisitva.

lY, 14,

2.

THE SETTLEMENT OF DISPUTES.in-

Those Bhikkhus who were moderate weredionant, &c.. .

.

told the Blessed

One, &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 Sawgha (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 K'

Amongof

these,?

what

is

a legal question arising

out

dispute

This,

O

Bhikkhus,

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," 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 " This is is an offence which can be done away," or an offence which cannot be done away ^," or " This is a most grave offence," or " This is not a most grave*'1

The

various ways of settling these four kinds of legal questionschapter.

are recapitulated in 2

27-34 of this SavasesS-anavasesa-dpatti.saapatti

The

Parivara IX,

i,

10 says,

Ya

na katamena adhikarawcna na katamamhi Mane na katamena samathena sammati. It isanavasesasaapatti

practically

equivalent

therefore

to

Para^i^ika.

Those

offences

which can be done away, but only by the Sawgha, are called accordingly in the Buddhist Sanskrit Sa;ghavajesha, which corresponds to the Pali Sa?ghadisesa. The translation and note atIMahavagga X,2,

4 should be altered accordingly.1)

2

^6offence."

ATULLAVAGGA.

IV,

14, 2.

Whatsoever

quarrel,

strife,

controversy,

difference of opinion, contradiction, opposition, can-

tankerousness \ or contention there may be on such a matter, this is called a legal question arising out ofdispute.

'And amongout of censure?

these,

which is a legal question arising This, O Bhikkhus, 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

^,

ad*

monition ^ 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 theof legal

seven groups

of offences

areIs

subjectsis

questions of offence.

This

what

called a legal

question arising out of offence.

what is a legal question of business ? Whatsoever is to the Sa;;2gha a matter which ought to be done, an obligation, a matter for which leave ought to be formally asked, the pro'

And among

these,

^

Vipa^/^ataya voharoti

ti

/^/l'adhikaraaw, the word means solely the business or the^

say), "

He should How may

agenda

at the formal meetings of the Sa/wgha (compare above, 7). In the problems or riddles of this section its more common meaning of 'duty' is brought into play. 2 Sammukha-vinayena. See above, chapter 2.

Yebhuyyasikena.

See above, chapter

9.

46the case

^-ULLAVAGGA.

lY, 14, 16.

when the Bhikkhus dispute, saying, This This is not the Dhamma' (&c., is the Dhamma,' or 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.1

And how

has

it

been settled

?

By

the Proceed-

ing in presence.'

And what must?

there be in such a Proceeding

in presence

There must be the presence of the

Sa;;^gha, the presence of the

Dhamma,

the presence

of the Vinaya, and the presence of the particularperson.

'And therein, what

is

the presence of the Sa;;2gha

?

as are capable of taking part in proceeding ^ they must be present. The formal the consent must be produced of those who are in a fitstate to

As many Bhikkhus

convey their consent ^ Those who are present must have lodged no objection (against any one of them taking part in the proceeding)*. Thisis

the'

"

presence

"

in

And

of these,

what

such a matter of the Sa;;^gha. the presence of the is?

Dhamma, and Dhamma, andsettled.

the presence of the Vinaya

The

the Vinaya, and the teaching of the

Master by the aid of which that legal question is That is the "presence" in such a matter of the Dhamma, and of the Vinaya.*

AndThe

of these, what

is

the presence of the par-

^

following five paragraphs recur in IV, 14, 24, 27, andin IV, 14, 21, 30.

four of^^ *

them

Kammappatta.Orrather, perhaps,

See Parivara XIX,II, 23.'

i, 7,

et seq.

See above, Mahavagga

against the proceedings which are being

carried out.'

TV,

14, 18.

THE SETTLEMENT OF DISPUTES.?

47

ticular

person

He whois

disputes,

and he withsuch a matter

whom

he disputes

both friends and foes must bethe"

present.

That

presence

" in

of the particular person.

'When

a legal question,if

O

Bhikkhus, has been

thus settled,

a disputant

re-open the question,

If such re-opening of the question is a PaX'ittiya \ one who has conveyed his consent complain of the

decision, such complaint17.

is

a Pa/tittiya

-.

'If those Bhikkhus,

O

Bhikkhus, are not able

to settle the legal question within their

own

resi-

dence (Avasa), those Bhikkhus should go, O Bhikkhus, to some residence in which there are a larger number of Bhikkhus. Then if those Bhikkhus, OBhikkhus, should succeed, whilst on their way tothat residence, in settling the legal question, that,

O

Bhikkhus,hasit

is

called a settlement of?

it.

And how

been settled'If those

(&c., as in the last

paragraph of

the previous section,18.

down

to the end.)able,

Bhikkhus are notthen

O Bhikkhus,

to settle the legal question whilst they are on their

way

to

that

residence,

those Bhikkhus, on"

their arrival at that residence, are to address the

Such and such a legal question, Sirs, has arisen thus, and has been It would be well if carried on thus amongst us. 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 If the Bhikkhus dwelling in that residence settled."Bhikkhusat that residence thus:

^

This This

is is

the 63rd PaX-ittiya.

2

the 79th PiUittiya.

The whole paragraph

is

repeated

several times below in this chapter.

48

iTULLAVAGGA.

TV,

14, 18.

are the senior, and the incoming Bhikkhus are junior, then the Bhikkhus dweUing in that residence are,

O:

Bhikkhus, to address the"

incoming Bhikkhus thus

a moment apart until we take on the other hand, the If, together!" counsel Bhikkhus dwelling in that residence are junior, and the incomine Bhikkhus are senior, then the BhikkhusPray, Sirs, rest

dwelling in that residence are, O Bhikkhus, to ad" Then remain dress the incominor Bhikkhus thus:

here, Sirs, aif,

moment

until

we

take counsel together."

Bhikkhus, the Bhikkhus dwelling in that Then residence should, on consideration, think thus "We shall not be able to settle this legal question ac:

O

cording to

the

Dhamma, andto

accordingteaching

to

the

Vinaya, and accordingto them.If,

theis

of

the

Master," then that dispute

not to be entrusted

on the other hand,in

O

Bhikkhus, theshould,

Bhikkhus dwellingsettle this

that:

residence"

on

consideration, think thus

Dhamma,in

be able to legal question in accordance with the and in accordance with the Vinaya, andshall

We

accordance with the teaching of the Master," then, O Bhikkhus, the Bhikkhus dwelling in thatresidence are to addressthe

incoming Bhikkhus

thus

:

" If you. Sirs, let us

question,

how

it

arose,

and

if

you agree that

know about this legal and how it was carried on, in the manner in which wetheac-

may settle the legal question according to Dhamma, and according to the Vinaya, andcording tothe

teaching

of the

Master, inwill

that

manner

it

shall

be

settled,

then

we we

thus acceptif

the legal question at your hands. the whole being repeated), thenit."

Butwill

not (&c.,

not accept

When

they have thus,

O

Bhikkhus, brought

IV, 14, 19-

THE SETTLEMENT OF DISPUTES.

49

about that the proper way of putting the legal question (the point at issue) has been settled, the Bhikkhus dwelline in that residence should underit

take that legal question.

And

then the Bhikkhus

dwelline in that residence should be addressed, " Bhikkhus, by the incoming Bhikkhus thus:

O

We

inform

you,

Sirs,

how

this

legal

question

arose

and how it was carried on. to in such and such a time'

If you, Sirs, are ablesettle this legal ques-

tion 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.

Butwill

if

you, Sirs, should not be able to do so,

thencase."

we

ourselves retain the custody of the

Thus,

O

Bhikkhus,

is

that legal question

be entrusted by the incoming Bhikkhus to the Bhikkhus dwelling in that residence, causing them If those Bhikkhus, O Bhikkhus, duly to accept it. settle the case, that, O Bhikkhus, is are able totocalled a settlement of the legal question.

And howJ

has

it

been'

settled? (&c., as in last

paragraph ofis

i6,

down19.

to the end.)If,

O

Bhikkhus, whilst the case

being

enquired into by those Bhikkhus, pointless speeches are brought forth, and the sense of any single utterance is not clear 2, I enjoin upon you, O Bhikkhus,to settle the case

by

referring

it

(to a

jury or com-

mission) ^^

Ettakena va antarena, on which Buddhaghosava = eva,

has nothing.

see Bohilingk-Roth s.v. va, No. 4. On words recur at XII, 2, 7, where an instance occurs of These the mode of proceeding here laid down. 3 Ubbahikaya. Cliilders has quite misunderstood both the"^

meaning and[20]

the

derivation

of

this

term.

It

must be derived

E

50'

A'ULLAVAGGA.

IV, 14, 19.

be chosen on such a jury must be he must be virtuous he must be Hving enclosed by the restraint of the he must be upright in rules of the Patimokkha

A

Bhikkhu

to

possessed of ten qualities

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 theirtion, set forth

the higher

life,

both

in

consummaits spirit and2,

in its letter, in all its purity in

and

in all its perfectness

be on

such truths must he be well versed, of such must he full, they must be laid up in his words ^, and dweltin his heart,

being penetrated throughout throughthe

right

insight*

both

Patimokkhas must have

fromud + vah; and meansof a^

simply 'reference'

the turningSawgha

overto

difficult

or intricate case from the

general

a

special committee, as

was donefar)

at Vesali (below, XII, 2, 7).

With

this

passage (so

(translated inis

Rh. D.'s 'Buddhisttranslate, in

compare the Akahkheyya Sutta, 2 Suttas,' p. 210), where the wordingaccordance with IX,5, i

somewhat2

different.

See, however, the various readings here.

We;

prefer to

below,

sattha/?z savya?~^ana2 as given in the corrections to the textp.

303

thus

refer to the

on making the phrase in the spirit and in the letter brahma-^ariya2, and not to the dhamma. But it'

should be pointed out thatdescription of a

the

parallelin

passage in the stock

Buddhain

(for instance

Tevi^^a Sutta

I,

46,

translated in Rh. D.'s 'Buddhist Suttas,' p. 187)

would support the

reading given hereto the^

the text, referring the phrase in question

dhamma, and

not to the brahma-^ariya/w.p.

Gataka*

See the various readings, and compare Sigalovada Sutta, II, 247, 293; Mahavagga VI, 25, i.

301;

Though di/Minever means'

is

usually found in

its

bad sense of 'delusion'it),'

(it

heresy,' as Childers renders

it

is

also used,

especially in older texts, in the

good sense ofI,

insight.'

Compare

the

'

Book

of the Great Decease,'

11.

TV,

14, 20.

THE SETTLEMENT OF DISPUTES.

5I

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 further he must be an sutta and in every detail ^ he must the Vinaya, irrefutable therein expert in'

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 he must origin and as to the settlement of disputes legal questions, the origin thereof, the understand close thereof, and the way that leads to the close

thereof.

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

I

enjoin

20.

'

And

thus,

Othe

Bhikkhus,

is

he to be ap-

pointed.

First,

Bhikkhu

should

be

asked

(whether he be willing to undertake the office). Then some discreet and able Bhikkhu should address the'

Sawgha

thus

:

"

May

the venerable

Sawgha hear me.

Whilst

was being enquired into pointless speeches were brought forth amongst us, and the sense of no If the time seems meet sinorle utterance was clear.this case^

Perhaps

this

may mean

'

both as to the Suttas themselves and

as to the

OldCommentary upon them'

suttato anuvya?T^anaso.

See 'Vinaya Texts,' vol. i, p. xviii, and note 2, p. xxix. 2 Vinaye k/ieko hoti asaw/hiro. Compare on the use of these words, Gataka I, 290; II, 161; Sutta Nipata V, 18, 26.^

On

all

these terms, which have occurred above at IV,

2.

i,

see the commentary as there quoted in the notes. * It is of course to be understood that the committee or jury

In the instance does not consist of only one such Bhikkhu. already referred to as occurring in XII, 2, 7, four are chosen from

each

side.

E2

52

ATULLAVAGGA.it

IV,

14, 21.

to the venerable Sa;;2gha, let

appoint Bhikkhus of

such and such a name, and of such and such a'

name

on a committee. This is the motion. Whilst " Let the venerable Sa?;^gha hear me. down to) no single utterance was clear. (&c., The Sa;;/gha 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 thereof, let himspeak.

Such and such a Bhikkhu is appointed by the Sa;;^gha on the committee for the settlement of this case. Therefore is it silent. Thus do I under'

"

stand."21.*

If then,

O

Bhikkhus, those Bhikkhus are able

on the referencecase, that,settled.

(or

on the committee) tois

settle the

O

Bhikkhus,is^.

calledsettled?

a case

that

is

And how

it

By

theis

Pro-

ceeding in Presence

And what

therein

meant

by the Proceeding in Presence ? The Dhamma is represented, and the Vinaya is represented, and theparticular 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,

ifis

a disputant re-open the question, such re-opening a Pa/^ittiya ^22.^'^

'

If,

Othe

Bhikkhus, whilst the caseSee chapter16 of2.

is

being

Sammukha-vinayena.Thisis

same as'

in is

this chapter,

except that 'the

presence of the Sawgha'

omitted.

See the 63rd

Pa/^ittiya,

and

1

7

above.

IV,

14, 24-

THE SETTLEMENT OF DISPUTES.into

53

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-vibhaiiga, and he notenquired^

regarding the point of the case, reject the sense for the shadow of the letter, then should the matter belaid 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-vibhaiiga.is

And

he, not

regarding the point of the case,sense for the shadow of the

rejectingIf the

the

letter.

time

seems meet away2 the Bhikkhu of such and such ato the venerable ones, letlet'

them send name, and

the rest of us settle this case."If those

Bhikkhus,

O

Bhikkhus, should be able,settle thesettled.in

after

having sent away that Bhikkhu, tois

case, that

called a case that?

is

And howPresence

has

it

been settled

(&c., as in last23.

By the Proceeding section, down to the end).'

(The same decision if the Sutta has been handed down to him, but not the Sutta-vibhahga.)Bhikkhus, are not able by the committee to settle that case, those Bhikkhus, Bhikkhus, ought to hand over the case to the Sawgha. saying, " We, Sirs, are not able by a com24.'

If

those Bhikkhus,

O

mittee to settle this case,1

let

the

Sawgha

settle it."

Bhikkhus, to settle such a case by vote of the majority (&c., as in chapter 9 to theenjoin

upon you,

O

^

That

is,

the Patimokkha.'

*

Literally,

cause him to

arise.'

p^

SrULLAVAGGA.

IV, 14, 25.

end, as to the appointment of a taker of the voting By that Bhikkhu, the taker of the voting tickets).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,

Oit

Bhikkhus,

is

called

a

legal

question that has been settled.

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 Sanigha., and the

And how

has

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 Sa;?2gha?(&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 themajority?

The

carrying out

of,

the

accomplish-

the proceeding by, the undertaking of, the acceptance of, the pacification by the official act (the

ment

of,

Kamma) bywhat'

the vote

of the majority ^

That

is

is

meant herein by

the vote of the majority.

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

When

is

a Pay(nttiya25.

^.'

had arisen in such and such a manner, and had grown up And those in such and such a manner at Savatthi.

Now

at that time a certain legal question

'

This sentence

is

also

used of the other modes of setdement

below, 27, 29. ^ 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 Sa7;/gha at Savatthi. And they heard that in a certain residence there were dwelling a number of Theras versed in the traditions men to A whom the Agamas had been handed down reciters of the Dhamma, of the Vinaya, and of the Matikas ^ learned, discreet, wise, modest, conscien;

^

;

tious,

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 M