1. Now at that time Bhikkhus had disputes with Bhikkhus, and Bhikkhunîs with Bhikkhus. And the Bhikkhu Khanna 2, forcing his way (into the apartments) of the Bhikkhunîs took the part of the Bhikkhunîs 3, and disputed with the Bhikkhus.
'Among these, what is a legal question arising out of 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 Tathâgata," or "This is not taught nor spoken by the Tathâgata," or "This has been practised by the Tathâgata," or "This has not been practised by the Tathâgata," or "This has been ordained by the Tathâgata," or "This has not been ordained by the Tathâgata," or "This is an offence," or "This is not an offence," or "This is a slight offence," or "This is a grievous offence," or "This is an offence which can be done away," or "This is an offence which cannot be done away 2," or "This is a most grave offence," or "This is not a most grave
1, or contention there may be on such a matter, this is called a legal question arising out of dispute.
'And among these, which is a legal question arising out of censure? This, O Bhikkhu, is when Bhikkhus charge a Bhikkhu with a fault of morality, or of conduct, or of opinion, or of means of livelihood. Whatsoever charge, censure, incrimination 2, admonition 2, candid opinion 3, making of excuses 4 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 5 are subjects of legal questions of offences, and the seven groups of offences 6 are subjects of legal questions of offence. This is what is called a legal question arising out of offence.
'And among these, what is a legal question of business? Whatsoever is to the Samgha a matter which ought to be done, an obligation, a matter for which leave ought to be formally asked, the proposal
3. 'What is that which gives rise to a legal question of dispute? There are six causes of dispute that give rise to legal questions of dispute. And there are three causes of wrong-doing that give rise to legal questions of dispute, and three causes of right-doing that give rise to legal questions of dispute. And which are these six?
'In the first place, O Bhikkhus, there is the Bhikkhu who is angry, and who bears enmity in his heart. Whatsoever Bhikkhu, O Bhikkhus, is such an angry man bearing enmity in his heart, he remains without reverence for, and without delight in the Teacher, the Dhamma, and the Samgha, and does not fulfil all the duties of a disciple. And whatsoever Bhikkhu, O Bhikkhus, remains without reverence for, and without delight in the Teacher, the Dhamma, and the Samgha, and does not fulfil all the duties of a disciple, he causes disputes to arise in the Samgha, and such a dispute becomes a cause
4. 'And which are the three causes of wrong-doing which give rise to legal questions of dispute?
'Herein, O Bhikkhus, men of greedy mind are given to dispute, men of evil mind are given to dispute, men of foolish mind are given to dispute, saying, "This is Dhamma," or "This is not Dhamma" [&c., as before, in § 2, down to] or "This is not a
'And which are the three causes of right-doing which give rise to legal questions of dispute? 'In the first place, O Bhikkhus, men not of greedy mind [&c., as in the last paragraph, inserting the word "not"]. 5. 'And what is that, O Bhikkhus, which gives rise to legal questions of censure? There are six causes of censure that give rise to legal questions of censure. And there are three causes of wrong-doing that give rise to legal questions of censure. And there are three causes of right-doing that give rise to legal questions of censure. And the body gives rise to legal questions of censure, and speech gives rise to legal questions of censure.' [The six are word for word the same as in the last section, reading 'censure' for 'dispute.'] 'And which are the three causes of wrong-doing that give rise to legal questions of censure? 'Herein, O Bhikkhus, men of greedy mind are given to censure, men of evil mind are given to censure, men of foolish mind are given to censure, accusing others of breaches of morality, or of behaviour, or of error in doctrine, or of adopting a wrong means of livelihood. These are the three causes of wrong-doing that give rise to legal questions of censure.' [There follow the three causes of right-doing, reading 'men not of greedy mind,' &c., as before, end of § 4.] And how does the body give rise to legal questions of censure? In case a man be ill-favoured, 'And how does speech give rise to legal questions of censure? In case a man have a bad voice, or be indistinct, or harsh in speech 2, then people find fault with him on that account. This is how speech gives rise to legal questions of censure. 6. 'And what is it that gives rise to legal questions of offence? There are six origins of offence that give rise to legal questions of offence. There is an offence that originates in deed, but not in word nor in thought. There is an offence that originates in word, but not in deed nor in thought. There is an offence that originates in deed and in word, but not in thought. There is an offence that originates in deed and in thought, but not in word. There is an offence that originates in word and in thought, but not in deed. There is an offence that originates in deed and in word and in thought. These are the six (&c.) 7. 'And what is that which gives rise to legal questions of business? There is one thing that gives rise to legal questions of business, that is to say, the Samgha.
'A legal question arising out of dispute may be right, and it may be wrong, and it may be undetermined. Of these, which is the legal question arising out of dispute which is right? 'In case, O Bhikkhus, the Bhikkhu of right mind discuss, saying, "This is the Dhamma," or "This is not the Dhamma" (&c., as before, in § 2, down to) or "This is not a most grave offence." Whatsoever quarrel, strife, contention, difference of opinion, contradiction, opposition, cantankerousness, or contention there may be in such a discussion is called a legal question arising out of dispute that is right.' [And so when the Bhikkhus have a wrong mind, or an undetermined mind, the legal question arising out of such dispute is respectively a legal question arising out of dispute that is wrong or undetermined.] 9. 'Legal questions of censure. Right. Wrong. Undetermined.' [It may be either of the three, according as the Bhikkhus censuring (as in § 5) have a right, wrong, or an undetermined mind. The form of the paragraph corresponds to § 8 throughout.] 10. 'Legal questions of offence. Right. Wrong. Undetermined. There may be a legal question whether an offence is wrong, and there may be a legal question
'And of these, what is the legal question where there is no offence? A legal question of official duty, a legal question of censure, a legal question of dispute. These are legal questions where there may be no offence. 'And of these, which is the case in which there is both a legal question and an offence too? A legal question regarding an offence is a case in which there is both a legal question and an offence too. 15. 'Official duty which is subject of a legal question of business. Duty and no legal question. Legal question and no duty. Legal question and duty too. 'There may be [each of these four]. 'Of these, which is official duty which is subject of a legal question? Whatsoever is to the Samgha a thing which ought to be done, an obligation, a matter for which leave ought to be formally asked, the proposal of a resolution, the proceeding by ñatti-dutiya-kamma, or by ñatti-katuttha-kamma, that is official duty which may be the subject of a legal question of business.
16. 'But by what kind of settlements is a legal question arising out of dispute brought to settlement? By two kinds of settlement, by the Proceeding in presence 2, and by the Proceeding by majority of the Samgha 3. 'If one should ask, "Can it be that a legal question arising out of dispute without recourse having been had to the one mode of settlement--to wit, the Proceeding by majority of the Samgha--can it be that it may be settled by the other mode of settlement, to wit, by the Proceeding in presence?" He should be told "Yes, it can." (If he should say), "How may that be?" the answer should be as follows: "In
' 1And how has it been settled? By the Proceeding in presence. 'And what must there be in such a Proceeding in presence? There must be the presence of the Samgha, the presence of the Dhamma, the presence of the Vinaya, and the presence of the particular person. 'And therein, what is the presence of the Samgha? As many Bhikkhus as are capable of taking part in the proceeding 2, they must be present. The formal consent must be produced of those who are in a fit state to convey their consent 3. Those who are present must have lodged no objection (against any one of them taking part in the proceeding) 4. This is the "presence" in such a matter of the Samgha. 'And of these, what is the presence of the Dhamma, and the presence of the Vinaya? The Dhamma, and the Vinaya, and the teaching of the Master by the aid of which that legal question is settled. That is the "presence" in such a matter of the Dhamma, and of the Vinaya. 'And of these, what is the presence of the particular
'When a legal question, O Bhikkhus, has beer. thus settled, if a disputant re-open the question, such re-opening of the question is a Pâkittiya 1. If one who has conveyed his consent complain of the decision, such complaint is a Pâkittiya 2. 17. 'If those Bhikkhus, O Bhikkhus, are not able to settle the legal question within their own residence (Âvâsa), those Bhikkhus should go, O Bhikkhus, to some residence in which there are a larger number of Bhikkhus. Then if those Bhikkhus, O Bhikkhus, should succeed, whilst on their way to that residence, in settling the legal question, that, O Bhikkhus, is called a settlement of it. And how has it been settled? (&c., as in the last paragraph of the previous section, down to the end.) 18. 'If those Bhikkhus are not able, O Bhikkhus, to settle the legal question whilst they are on their way to that residence, then those Bhikkhus, on their arrival at that residence, are to address the Bhikkhus at that residence thus: "Such and such a legal question, Sirs, has arisen thus, and has been carried on thus amongst us. It would be well if you, Sirs, would settle that legal question for us according to the Dhamma, and according to the Vinaya, and according to the teaching of the Master, to the end that that legal question may be thoroughly settled." If the Bhikkhus dwelling in that residence
19. 'If, O Bhikkhus, whilst the case is 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 commission) 3.
'I enjoin upon you, O Bhikkhus, to appoint on the jury a Bhikkhu possessed of these ten qualities 4. 20. 'And thus, O Bhikkhus, is he to be appointed. First, the Bhikkhu should be asked (whether he be willing to undertake the office). Then some discreet and able Bhikkhu should address the Samgha thus: '"May the venerable Samgha hear me. Whilst this case was being enquired into pointless speeches were brought forth amongst us, and the sense of no single utterance was clear. If the time seems meet
The Samgha 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 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 1. 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 Pâkittiya 3. 22. 'If, O Bhikkhus, whilst the case is being
'"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-vibhaṅga. 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 2 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-vibhaṅga.) 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
'When a legal question, O Bhikkhus, has been thus settled, if a disputant re-open the question, such re-opening is a Pâkittiya. If one who has conveyed his consent complain of the decision, such complaint is a Pâkittiya 2.' 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 Sâvatthi. And those
[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 Sâvatthi, discontented with the decision of the number of Theras, discontented
'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
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 1.' 27. 'By how many kinds of settlement is a legal question arising out of censure settled? A legal question arising out of censure can be settled by four kinds of settlement--by the Proceeding in Presence--by the Proceeding for those who are consciously innocent-by the Proceeding for those who are no longer out of their mind--by the Proceeding for those who are obstinate. 'If one should ask, "Can it be that a legal question arising out of censure, without recourse being had to two modes of settlement--to wit, the Proceeding for those who are no longer out of their mind, and the
'In case the Bhikkhus bring a groundless charge against a Bhikkhu of a breach of morality. In respect thereof, O Bhikkhus, to that Bhikkhu whose memory in regard to the matter is quite clear, the Proceeding for the consciously innocent is to be accorded. 'And thus, O Bhikkhus, is to be granted (&c., as in chapter 4, § 10, down to the end, with the necessary alterations for a general rule instead of a particular case). 'This, O Bhikkhus, is called a legal question that has been settled. And how settled? By the Proceeding in Presence, and by the Proceeding for the consciously innocent. And what therein belongs to the 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 therein what is the presence of the Samgha (&c., as in § 16, down to the end)? And what therein belongs to the Proceeding for the consciously innocent? The carrying out of, the accomplishment of; the proceeding by, the undertaking of, the acceptance of, the pacification of the Proceeding for the consciously innocent 1. That is what belongs herein to the Proceeding for the consciously innocent.'
'In case a Bhikkhu warn another Bhikkhu in the midst of the Samgha of a grievous offence, and call upon him to recollect (whether he have. committed it or not), saying, "Has the venerable one been guilty of such and such a grievous offence--a Pârâgika offence, or an offence equivalent to a Pârâgika offence?" And he replies thus, "I do not, Sir, call to mind that I have been guilty of such and such a grievous offence--a Pârâgika offence, or an offence equivalent to a Pârâgika offence." To him thus denying the other insists, saying, "Come now, Sir, ascertain for certain whether you are conscious of having been guilty of such and such a grievous
'Then, O Bhikkhus, the Proceeding for those who are obstinate should be carried out against that Bhikkhu. 'And thus should it be carried out (&c., as chapter 11, § 2, down to the end, reading "such and such a Bhikkhu" for "Upavâla," and "grievous offence" for "offence "). 'This, O Bhikkhus, is called a legal question which has been settled. And how has it been settled? By the Proceeding in Presence, and by the Proceeding on confession of guilt. And what therein belongs to the Proceeding in Presence? The presence of the Dhamma, and the presence of the Vinaya, and the presence of the particular individual. And what therein is the presence of the Dhamma, and of the Vinaya? The Dhamma, and the Vinaya, and the teaching of the Master, by the aid of which that legal question is settled. That is the presence in such a matter of the Dhamma, and of the Vinaya. And what therein is the presence of the particular individual? He who confesses, and he to whom he confesses, both are present. That is the presence of the particular individual in such a proceeding. And what therein belongs to the Proceeding on confession of guilt? The carrying out of, the accomplishment of, the proceeding by, the performance of, the acceptance of, the pacification of the official act (the Kamma) by the Proceeding on confession of
31. 'If he should thus receive (absolution), it is well. If he should not receive it, that Bhikkhu, O Bhikkhus, should go up to a number of Bhikkhus, and having arranged his upper robe over one shoulder, and bowed down before the elder Bhikkhus, and squatted down on his heels, and stretched forth his two hands with the palms held together, he should speak as follows: "I, Sirs, have been guilty of such and such an offence, and that I confess." Then some discreet and able Bhikkhu should lay the matter before those Bhikkhus, saying, "Let the venerable ones hear me. This Bhikkhu, of such and such a name, is conscious of an offence; and he discloses it, reveals it, confesses it. If the time seems meet to the venerable ones, I would absolve 2 that Bhikkhu's offence." And he should say, "Do you acknowledge it?" "Yes; I acknowledge it." "In future may you restrain yourself!" This, O Bhikkhus, is called a legal question which has been settled. And how has it been settled? (&c., as in last section, down to the end.) 32. 'If he should thus receive absolution, it is well. If he should not receive it, that Bhikkhu, O Bhikkhus, should go before the Samgha (&c., as in last section, down to the end, then adding): And if one who has given his consent to the proceeding
'If while the Bhikkhus are continuing in quarrels (&c., as in chapter 13, §§ 1, 2, and 3, down to the end). 'This, O Bhikkhus, is called a legal question that has been settled. And how has it been settled? By the Proceeding in Presence, and by the Proceeding by the covering over as with grass. 'And what therein belongs to the Proceeding in Presence? The presence (&c., as in § 16, down to) And what therein is the presence of the particular person? He who confesses, and he to whom the confession is made 1, both are present. This is the presence of the particular individual in such a case. 'And what therein belongs to the Proceeding by covering over as with grass? The carrying out of, the accomplishment of, the proceeding by, the performance of, the acceptance of, the pacification of the official act (the Kamma) by the Proceeding by covering over as with grass. That is what belongs therein to the Proceeding by covering over as with grass.
End of the Fourth Khandhaka, on the Settlement of Legal Questions. 34:2 It was with reference to this conduct of Khanna that the Buddha is stated in the Mahâ-parinibbâna Sutta VI, 4 to have imposed a penalty upon him. He is also mentioned above, I, 25-31, and below, XI, 1, 12-14. 34:3 Compare the 16th and 43rd Pâkittiyas. Buddhaghosa says here, Bhikkhunînam anupakhaggâ ti bhikkhunînam antopavisitvâ. 35:1 The various ways of settling these four kinds of legal questions are recapitulated in § 27-34 of this chapter. 35:2 Sâvasesâ-anavasesâ-âpatti. The Parivara IX, 1, 10 says, Yâ sâ âpatti anavasesâ sâ âpatti na katamena adhikaranena na katamamhi thâne na katamena samathena sammati. It is practically equivalent therefore to Pârâgikâ. Those offences which can be done away, but only by the Samgha, are called accordingly in the Buddhist Sanskrit Samghâvasesha, which corresponds to the Pâli Samghâdisesa. The translation and note at Mahâvagga X, 2, 4 should be altered accordingly. 36:1 Vipakkatâya vohâro ti kitta-dukkhatthâya vohâro pharusavakanan ti attho (S.P.). 36:2 Anullapanâ anubhananâ ti ubhayam anuvadana-vevakanamattam eva (S.P.). 36:3 Anusampavaṅkatâ ti punappunam kâya-kittam vâkâhi tatth’ eva sampavaṅkatâ anuvadanabhâvo ti attho (S.P.). 36:4 Abbhussahanatâ ti kasmâ evam na upavadissâmi upavadissâmi yevâ ti ussâham katvâ anuvadanâ (S.P.). 36:5 That is to say, Pârâgika, Samghâdisesa, Pâkittiya, Pâtidesaniya, and Dukkata, as below, in IV, 14, 14; IX, 3, 3. 36:6 That is to say, the five mentioned in the last note, and besides them, Thullakkaya and Dubbhâsita. 37:1 Apalokana-kamman ti-âdi pana tass’ eva pabheda-vakanam. Tattha apalokana-kammam nâma sîmatthakam samgham sodhetvâ khandârahânam khandam âharitvâ samaggassa anumatiyâ tikkhattum sâvetvâ kâtabba-kammam (S.P.). 37:2 See our note at Mahâvagga I, 28, 3. The Samanta Pâsâdikâ here says, ñattidutiyakammam pana apaloketvâ kattabbam pi atthi akattabbam pi atthi. Tattha sîmasammuti simasamûhananâ kathinadânam kathinubbhâro kûtavatthudesanâ vihâravatthudesanâ ’ti imâni kha kammâni garukâni apaloketvâ kâtum na vattati, ñattidutiyakammavâkam sâvetvâ ’va kâtabbâni, avasesâ terasa sammutiyo senâsanagâhakamataka (? patta) kîvaradânâti(°di?)-sammutiyo kâ ’ti evarûpâni lahukakammâni apaloketvâ pi kâtum vattanti. 38:1 Palâsî; no doubt connected with the primary meaning of the word 'leaf,' as is also its use in the sense of 'covering, lining,' in eka-palâsikâ upâhanâ at Mahâvagga V, 1, 29. The expression forms the subject of Puggala II, 2. See also Gâtaka III, 259. 40:1 Buddhaghosa has no explanation of these terms here, but on Aṅguttara Nikâya III, 2, 3, where the whole list recurs, he says (as Dr. Morris is good enough to inform us) that okotimako is equal to lakuntako; and the same explanation is given by the commentary on Puggala IV, 19. Compare the use in English of 'a mere dot of a man,' in a similar sense. 40:2 These three epithets of the voice are no doubt intended to be the opposites of the three in Mahâvagga V, 13.'9. 41:1 We have already pointed out (above, IV, 1, 2) that this mode of the commencement of a discussion by setting out a list of the points to be discussed and compared is found also in some of the Abhidhamma books. There it was only the objects themselves, here we have all the predicates which it is proposed to apply (as in § 8), or to declare inapplicable to the object (as in § 10), which are set out, but the principle is the same. 44:1 This is merely a play upon words. Âpatti is literally 'attainment to.' Standing alone it is always used with the connotation of 'attainment to guilt, sin, offence,' so that its etymological meaning is always lost sight of. Sotâpatti is the 'attainment to,' the 'entering upon' the stream, that is, the course of the Excellent Way. The Sam âpatti s, literally, 'complete, or higher, attainments,' are eight successive states of ecstatic insight or meditation practised by Arahats and other men of advanced spiritual culture. The question stated is in fact a riddle, like so many of the questions stated in the Parivâra and the Puggala-paññatti. 45:1 Here again the whole section depends upon a play upon the various meanings of the word kikkam. In the technical phrase kikkâdhikaranam, the word means solely the business or the agenda at the formal meetings of the Samgha (compare above, § 7). In the problems or riddles of this section its more common meaning of 'duty' is brought into play. 45:2 Sammukhâ-vinayena. See above, chapter 2. 45:3 Yebhuyyasikena. See above, chapter 9. 46:1 The following five paragraphs recur in IV, 14, §§ 24, 27, and four of them in IV, 14, 21, 30. 46:2 Kammappattâ. See Parivâra XIX, 1, 7, et seq. 46:3 See above, Mahâvagga II, 23. 46:4 Or rather, 'perhaps, 'against the proceedings which are being carried out.' 47:1 This is the 63rd Pâkittiya. 47:2 This is the 79th Pâkittiya. The whole paragraph is repeated several times below in this chapter. 49:1 Ettakena vâ antarena, on which Buddhaghosa has nothing. On vâ = eva, see Böhtlingk-Roth s.v. vâ, No. 4. 49:2 These words recur at XII, 2, 7, where an instance occurs of the mode of proceeding here laid down. 49:3 Ubbâhikâya. Childers has quite misunderstood both the meaning and the derivation of this term. It must be derived 50:2 We prefer to translate, in accordance with IX, 5, I below, sâttham savyañganam as given in the corrections to the text on p. 303; thus making the phrase 'in the spirit and in the letter' refer to the brahma-kariyam, and not to the dhammâ. But it should be pointed out that the parallel passage in the stock description of a Buddha (for instance in Tevigga Sutta I, 46, translated in Rh. D.'s 'Buddhist Suttas,' p. 187) would support the reading given here in the text, referring the phrase in question to the dhammâ, and not to the brahma-kariyam. 50:3 See the various readings, and compare Sigâlovâda Sutta, p. 301; Gâtaka II, 247, 293; Mahâvagga VI, 25, I. 50:4 Though ditthi is usually found in its bad sense of 'delusion' (it never means 'heresy,' as Childers renders it), it is also used, especially in older texts, in the good sense of 'insight.' Compare the 'Book of the Great Decease,' I, 11. 51:1 Perhaps this may mean 'both as to the Suttas themselves and as to the Old Commentary upon them'--suttato anuvyañganaso. See 'Vinaya Texts,' vol. i, p. xviii, and note 2, p. xxix. 51:2 Vinaye kheko hoti asamhîro. Compare on the use of these words, Gâtaka I, 290; II, 161; Sutta Nipâta V, 18, 26. 51:3 On all these terms, which have occurred above at IV, 2, I, see the commentary as there quoted in the notes. 51:4 It is of course to be understood that the committee or jury does not consist of only one such Bhikkhu. In the instance already referred to as occurring in XII, 2, 7, four are chosen from each side. 52:1 Sammukhâ-vinayena. See chapter 2. 52:2 This is the same as in § 16 of this chapter, except that 'the presence of the Samgha' is omitted. 52:3 See the 63rd Pâkittiya, and § 17 above. 53:1 That is, the Pâtimokkha. 53:2 Literally, 'cause him to arise.' 54:1 This sentence is also used of the other modes of settlement below, §§ 27, 29. 54:2 So also above, § 16; and below, §§ 27-29. 55:1 That is, the Four Nikâyas, now forming the Sutta Pitaka. 55:2 See our note above on Kullavagga IV, 1, 2. 56:1 On the following section, compare chapters 9 and to above. 56:2 On Saññattiyâ see our note below on VII, 4, I. 57:1 This naive chapter would seem to show that the pia fraus was not unknown to the Buddhist monks at the time when the Kullavagga was composed. Buddhaghosa's note (given at p. 315 of H.O.'s edition of the text) specifies the different occasions when each of the three methods should be used. 58:1 This clause corresponds to the one above, in §24, and below, in § 29. 59:1 This section again bears exactly the same relation to chapter 11 as the previous ones have done to chapters 4 and 5 respectively. The outline of the form is the same, but as in the introductory part (containing the description of the offence) the present section is much fuller than the chapter to which it refers, 'we prefer to give that part of this section in full. 62:1 Âyatim samvareyyâsi. So again in the next section. Compare V, 20, 5. 63:1 See §§ 16, 29, &c. of this chapter. 63:2 Patiganheyyam. See V, 20, 5. 64:1 This refers to the technical term of the Proceeding in question, tinavatthârakena deseyyam (IV, 13, 2); and the singular of course includes the plural, as the confession usually took place before a number of Bhikkhus.
Footnotes
