Page:Sacred Books of the East - Volume 20.djvu/40

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IV, 10, 1.

tickets, let him keep silence. Whosoever approves not thereof, let him speak. The Bhikkhu of such and such a name is appointed by the Samgha as taker of the voting tickets. Therefore is it silent. Thus do I understand.' "


1. 'There are ten cases, O Bhikkhus, in which the taking of votes is invalid; and ten in which the taking of votes is valid.

'Which are the ten in which the taking of votes is invalid ? When the matter in dispute is trivial[2]—when the case has not run its course (that is, when the necessary preliminaries of submission to arbitration have not been carried out[3])—when regarding the matter in dispute the Bhikkhus have not formally remembered, or been formally called upon to remember, the offence[4]—when the taker of votes[5] knows that those whose opinions are not in accordance with the law will be in the majority,

  1. On this chapter, see further below, IV, 14, 24-26.
  2. Oramattakam. Compare the English law maxim, De minimis non curat lex.
  3. Buddhaghosa says, Na 'ka gatigatan ti dve tayo âvâse na gatam, tattha tatth' eva vâ dvitikkhattum avinikkhitam. See on these proceedings above.
  4. Buddhaghosa says, Na ka sarita-sâritan ti dvitikkhattum tehi bhikkhûni sayam saritam va aññehi sâritam vâ na hoti.
  5. Gânâti ti salâkam gâhento gânâti. (S.P.)