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IV, 14, 27.
THE SETTLEMENT OF DISPUTES.
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you like.” When he has chosen (he is to add), “Don't tell anybody (which way you have voted).” If he ascertains that those whose opinion is against the Dhamma are in the majority, he is to reject the vote as wrongly taken. If he ascertains that those whose opinion is in accordance with the Dhamma are in the majority, he is to report the vote as well taken. Thus, O Bhikkhus, is the whispering method of taking the votes.
* And how, O Bhikkhus, is the open method of taking votes? If he ascertains (beforehand) that those whose opinion is in accordance with the Dhamma are in the majority, the vote is to be taken undisguisedly, openly. Thus, O Bhikkhus, is the open method of taking the votes.
These, O Bhikkhus, are the three methods of taking the votes 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
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.
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