根本說一切有部百一羯磨

Revision and annotations: Thích Nguyên An - Thích Tâm Nhãn - Thích Đạo Luận

DEFYING THE SANGHA’S INSTRUCTION AND CAUSING DISTRESS TO THE ASSEMBLY — MOTION AND THREE PROCLAMATIONS^[1]

[492a18] At that time, the venerable Upāli addressed the Blessed One:

“Venerable Sir, the venerable Chanda has committed many offenses but does not disclose and repent of them in accordance with the Dharma. Wishing him to dwell in peace and welfare, the bhikshus said: ‘Venerable, you have committed an offense; you should disclose and repent of it in accordance with the Dharma.’

“Chanda replied: ‘You have committed offenses; you should disclose and repent of them in accordance with the Dharma. Why? Because you were all born into different clans and families, and only because my Blessed One attained supreme awakening were you able to come together, take refuge, and go forth.’

“By speaking in this way, Chanda defied the instruction and caused distress to the Sangha. The bhikshus did not know what to do, so they reported the matter to the Buddha.”

The Buddha said:

“Bhikshus, a karma of rebuke should be carried out against Chanda. Whenever a similar case occurs, it should be dealt with accordingly. After completing the preliminary procedures, make the motion for the karma:”

1. The Motion

“Venerable Sangha, please listen. This bhikshu Chanda has himself committed an offense but does not disclose and repent of it in accordance with the Dharma. Wishing him to dwell in welfare and peace, the bhikshus admonished him in accordance with the Dharma, but he defied the Sangha’s instruction. If the Sangha is ready, the Sangha may approve this. [492b01] The Sangha now rebukes the bhikshu Chanda for defying the Sangha’s instruction. This is the motion.”

2. The Karma

Next, carry out the karma:

“Venerable Sangha, please listen! The bhikshu Chanda has committed an offense but does not repent of it in accordance with the Dharma. Wishing him to dwell in welfare and peace, the bhikshus admonished him in accordance with the Dharma, but he defied the Sangha’s instruction. The Sangha now rebukes the bhikshu Chanda for defying the Sangha’s instruction. Let those venerable ones who approve rebuking the bhikshu Chanda for defying the Sangha’s instruction remain silent; whoever does not approve should speak.”

The same proclamation should be made a second and a third time.

“The Sangha has rebuked the bhikshu Chanda for defying the Sangha’s instruction. The Sangha approves because it remains silent. Thus do I record this matter.”

After the bhikshus had carried out the karma of rebuke against him, Chanda thought: “My mistake lay in replying to those people.” As a verse says:

Those who possess wisdom

Guard their speech well.^[2]

Behold the birds within the forest:

Because they sing, they are confined.

Thinking thus, Chanda remained silent and said nothing. Later, on another occasion, he committed another offense. The bhikshus told him:

“Venerable, you have committed an offense; you should disclose and repent of it in accordance with the Dharma.”

Chanda said nothing, but once again, through silence, displayed defiance and caused distress in response to the Sangha’s instruction. The bhikshus did not know how to deal with the matter, so they reported it to the Buddha. The Buddha said:

“Bhikshus, a karma of motion and three proclamations must be carried out to rebuke Chanda for causing distress to the Sangha through silence. Complete the preliminary procedures and then make the motion for the karma:

“Venerable Sangha, please listen! The bhikshu Chanda has committed an offense but does not disclose and repent of it in accordance with the Dharma. Wishing him to dwell in welfare and peace, the bhikshus said: ‘Venerable, you have committed an offense; you should repent of it in accordance with the Dharma.’ He did not reply, thereby causing distress to the Sangha through silence. If the Sangha is ready, the Sangha may approve this. The Sangha now rebukes the bhikshu Chanda for causing distress to the Sangha through silence. This is the motion.”

The karma is to be carried out according to the wording of the motion.

At that time, after the bhikshus had carried out the karma of rebuke against Chanda, Chanda again committed an offense. When the bhikshus approached and spoke to Chanda as before, he again caused distress to the Sangha, either by replying defiantly or by remaining silent. The bhikshus did not know what to do, so they reported the matter to the Buddha. The Buddha said:

“When Chanda causes distress by defying the Sangha’s instruction, he commits a pāyattika offense. If he defies the instruction of an individual, he commits an offense of wrongdoing.”

Annotations:

^[1] Mūlasarvāstivāda Vinaya 28, p. 778a21: Pāyattika 13, training rule: Defying instruction and causing distress to the assembly.

^[2] Chinese: ‘four kinds of speech’ 四種語, namely, abstaining from false speech, harsh speech, divisive speech, and frivolous speech.

OVERTURNING THE BOWL — SINGLE MOTION

The venerable Upāli addressed the Blessed One:

“Venerable Sir, Subhadra of the Licchavi clan,^[1] having been misled by [492c01] a bad friend, slandered Śakti-putra by accusing him of a pārājika offense. The bhikshus did not know what to do, so they reported the matter to the Buddha.” The Buddha said:

“Carry out the karma of overturning the bowl against Subhadra. Other similar cases should be dealt with in the same way.”

Set out the seats… and then appoint a bhikshu to carry out the karma by a single motion, following the preceding procedure:

“Venerable Sangha, please listen! This Subhadra has baselessly accused the pure bhikshu Śakti-putra of a pārājika offense. If the Sangha is ready, the Sangha may approve this. The Sangha now carries out the karma of overturning the bowl against Subhadra. This is the motion.”

Annotations:

^[1] Licchavi 栗姑毘: Skt. Licchavi, a kshatriya clan in the city of Vaiśāli in Central India and a branch of the Vṛji people. Mahīśāsaka Vinaya 26, p. 174c5–6: Luyi, son of the wrestler 廬夷力士子; Dharmaguptaka Vinaya 53, p. 958c18: the great Licchavis 諸大離奢.

^[2] Śakti-putra: see annotation 2, p. 189.

RESTORING THE BOWL — SINGLE MOTION

At that time, after the bhikshus had carried out the karma of overturning the bowl against Subhadra, they did not know what further action to take, so they asked the Buddha. The Buddha said:

“Bhikshus, from this time onward, you must no longer go to that household, nor even teach them the Dharma.”

When Subhadra heard this, a sense of shame and moral dread arose in him. He went to the Buddha, bowed his head at the Buddha’s feet, and said:

“Blessed One, because a bad friend instructed me, I uttered these words: ‘The bhikshu Śakti-putra has no shame or moral dread. He engaged in an unlawful act with my wife and committed a pārājika offense.’ This was said at the prompting of a bad friend; it was not my own intention.”

The Blessed One then told the bhikshus:

“Subhadra did not slander Śakti-putra of his own volition,^[1] so carry out the karma of restoring the bowl for Subhadra. Other similar cases should be dealt with accordingly.”

Set out the seats, sound the gaṇḍī… then instruct Subhadra to squat, join his palms, and speak as follows:

“Venerable Sangha, please listen! I, Subhadra, was deceived and misled by a bad friend and falsely accused Śakti-putra of something untrue. For this reason, the Sangha carried out the karma of overturning the bowl against me. I, Subhadra, now request the Sangha to grant me the karma of restoring the bowl. May the venerable Sangha carry out the karma of restoring the bowl for me. May you have compassion for me, have compassion for me.”

He should make this request three times… and then be instructed to stand with palms joined at a place where he can be seen but cannot hear. Appoint a bhikshu to make the single motion:

“Venerable Sangha, please listen! This Subhadra was deceived and misled by a bad friend and baselessly accused Śakti-putra of a pārājika offense. For this reason, the Sangha carried out the karma of overturning the bowl against Subhadra. Subhadra now requests the Sangha to carry out the karma of restoring the bowl. If the Sangha is ready, the Sangha may approve this. The Sangha now grants Subhadra the karma of restoring the bowl. This is the motion.”

The Buddha said:

– Bhikshus, after the formal act of lifting the prohibition against the bowl of Shanxian had been performed, it was permissible to go to his house to receive a meal [493a01]…, and even to expound the Dharma for him to hear; none of these actions constituted an offense.

Notes:

^[1] Mahishasaka Vinaya 26: because the bhikshu Cidi instigated it.

ADMONISHMENT FOR SPEAKING HARSH WORDS — MOTION AND THREE PROCLAMATIONS

The Venerable Upali addressed the Blessed One:

– Venerable Sir, there is now a bhikshu who has committed many offenses. A bhikshu who is his friend, wishing him to live beneficially and happily, says to him:

“Venerable one, you have committed an offense and should confess and make amends in accordance with the Dharma.”

The other replies: “If there is anything for which I should feel remorse, I shall know it myself.” He further says: “Venerable ones, do not say anything to me, whether good or bad. Nor shall I say anything to you, whether good or bad. Venerable ones, desist. Do not admonish me, and do not discuss me.”

The bhikshus did not know what to do, so they reported the matter to the Buddha.

The Buddha said:

– You should admonish him privately.

When the bhikshus admonished him privately, he remained obstinate and would not relinquish his position. The bhikshus reported this matter to the Buddha. The Buddha said:

– Admonish him through a formal act consisting of a motion and three proclamations. Strike the gaṇḍī and perform the preliminary procedure.

1. The Motion

Venerable Sangha, please listen! The bhikshu named… has committed many offenses. When the bhikshus, relying upon the Buddha’s teachings in the Pratimoksha, admonish him in accordance with the Dharma and the Vinaya, he, being ill-natured, refuses to accept their admonition and says: “Venerable ones, do not say anything to me, whether good or bad.

Nor shall I say anything to you, whether good or bad. Venerable ones, desist; do not admonish me and do not discuss me.” When the bhikshus admonish this bhikshu privately, he remains obstinate and will not relinquish his position, and he further says: “What I say is true; everything else is false.” If the Sangha is ready, may the Sangha consent. The Sangha will now admonish the bhikshu named… through a formal act consisting of a motion and three proclamations, because he is ill-natured and does not heed the Sangha’s counsel.

This is the motion.

2. The Formal Act

Next, carry out the formal act.

Venerable Sangha, please listen! The bhikshu named… has committed many offenses. When the bhikshus, relying upon the Buddha’s teachings in the Pratimoksha, admonish him in accordance with the Dharma and the Vinaya, he, being ill-natured, refuses to accept their admonition and says: “Venerable ones, do not say anything to me, whether good or bad. Nor shall I say anything to you, whether good or bad. Venerable ones, desist; do not admonish me and do not discuss me.” When the bhikshus admonish this bhikshu privately, he remains obstinate and will not relinquish his position, and he further says: “What I say is true; everything else is false.”

The Sangha will now admonish the bhikshu named… through a formal act consisting of a motion and three proclamations, because he is ill-natured and does not heed the Sangha’s admonition. Those venerable ones who consent to admonishing the bhikshu named… because, being ill-natured, he does not heed the Sangha’s counsel and admonition, should remain silent; anyone who does not consent should speak.

The same proclamation is made a second and a third time.

The concluding formula of the formal act is performed in the customary manner.

[493b01] The bhikshus acted according to the Buddha’s teaching and admonished him in accordance with the Dharma. At that time, as previously described, this bhikshu remained obstinate and would not relinquish his position. The bhikshus reported this matter to the Buddha.

The Buddha said:

– This bhikshu has committed the offense previously described.

ORDER TO CEASE SPEAKING OF DESIRE, ANGER, DELUSION, AND FEAR — MOTION AND THREE PROCLAMATIONS

When the Sangha performed the procedure of admonishing Chanda, Chanda slandered the Sangha, saying that it acted out of desire, anger, and delusion. The assembly should perform a formal act ordering him to cease. The procedure should be performed as follows:

1. The Motion

Venerable Sangha, please listen! When the Sangha admonished the bhikshu Chanda in accordance with the Dharma, he further said: “The Sangha acts out of desire, anger, and delusion.” The Sangha will now formally order Chanda to cease: “You must not utter such words contrary to the Dharma.” If the Sangha is ready, may the Sangha consent. The Sangha will now order the bhikshu Chanda to cease uttering words contrary to the Dharma. This is the motion.

2. The Formal Act

The formal act is to be performed according to the wording of the motion.

FORMAL ACT FOR INSANITY — ONE MOTION AND ONE PROCLAMATION

The Venerable Upali addressed the Blessed One:

– Venerable Sir, the bhikshu Sekata^[1] suffers from insanity, with irregular attacks. Therefore, during the posadha ceremony, during other formal acts, or even during the pravarana,^[2] he sometimes attends and sometimes does not. Consequently, the bhikshus could not duly carry out the procedure without appearing to form a separate communion, so they reported this matter to the Buddha. The Buddha said:

– Bhikshus, an act acknowledging insanity should be performed for the bhikshu Sekata. If this act is not performed, it will constitute a separate communion. Any other similar cases should be treated according to this precedent. The procedure should be performed as follows:

Spread the seats, strike the gaṇḍī, announce the matter throughout the assembly, and appoint one bhikshu to make the motion and then carry out the formal act.

1. The Motion

Venerable Sangha, please listen! The bhikshu Sekata suffers from insanity, with irregular attacks. During the posadha ceremony, during other formal acts, or even during the pravarana, he sometimes attends and sometimes does not, causing the bhikshus to appear almost as though they formed a separate communion. If the Sangha is ready, may the Sangha consent. The Sangha will now perform an act acknowledging the insanity of the bhikshu Sekata, so that whether he comes or goes, he will not obstruct the formal proceedings. This is the motion.

2. The Formal Act

Next, perform the formal act:

Venerable Sangha, please listen! The bhikshu Sekata suffers from insanity, with irregular attacks. Therefore, during the posadha ceremony, during other formal acts, or even during the pravarana, he sometimes attends and sometimes does not, causing the bhikshus to appear almost as though they formed a separate communion.

The Sangha will now perform an act acknowledging the insanity of the bhikshu Sekata, so that whether he comes or goes, he will not obstruct the formal proceedings. Those venerable ones who consent to performing the act acknowledging the insanity of [493c01] the bhikshu Sekata, so that whether he comes or goes, he will not obstruct the formal proceedings, should remain silent; anyone who does not consent should speak. The Sangha has consented to performing the act acknowledging the insanity of the bhikshu Sekata, so that whether he comes or goes, he will not obstruct the formal proceedings, since it remains silent.

Thus do I record this matter.

After the Sangha has performed the act acknowledging the insanity of the bhikshu Sekata, it may continue to conduct the purification ceremony, other formal acts, and even the pravarana ceremony without misgivings.

Notes:

^[1] Bhikshu Sekata 西羯多: Skt. Sekata. Mahishasaka Vinaya 18, p. 125c10: Jiajia 伽伽; Sarvastivada Vinaya 22, p. 161a29: Shiyue 施越. Pāli, Vin. i. 123, Gagga. Dharmaguptaka Vinaya 36, p. 823b17: the bhikshu Nanayou 那那由; the character “you” may be redundant due to the influence of incorrect word division.

^[2] Pravarana: see n. 3, p. 90.

GRANTING A VERDICT OF PAST INSANITY — MOTION AND THREE PROCLAMATIONS

Furthermore, the bhikshu Sekata^[1] was mentally deranged and overwhelmed by suffering. His speech was often at variance with his actions; he lost the conduct proper to a shramana, engaged in impure deeds, drooled from his mouth, rolled his eyes, turned his eyelids upward, and appeared as though intoxicated or asleep. Although others did not mistreat him, he claimed that they did. At another time, his mind returned to normal. The bhikshus then questioned and reproached him concerning his former unwholesome deeds. The community of bhikshus reported this matter to the Buddha. The Buddha said:

– Bhikshus, a verdict of past insanity should be granted to the bhikshu Sekata.^[2] Any other similar cases should also be treated according to this precedent. The request should be made as follows:

1. The Request

Venerable Sangha, please listen! I, the bhikshu Tây-yết-đa, became insane and mentally deranged, bound by affliction; my words were for the most part contrary to my actions. I lost the conduct of a śramaṇa, committed impure acts, drooled from my mouth, rolled my eyes, turned my eyelids upward, appeared as though intoxicated or asleep, and, although others did not mistreat me, claimed that they did. Afterward, my mind returned to normal. The bhikshus reproached and questioned me concerning my former evil deeds. I, the bhikshu Tây-yết-đa, now request from the Sangha the vinaya procedure of exoneration on grounds of insanity. May you have compassion for me, have compassion for me.

He should make this request a second and a third time in the same way.

2. Motion

Next, a bhikshu should make the motion, followed by the karman:

Venerable Sangha, please listen! This bhikshu Tây-yết-đa became mentally insane and was oppressed by affliction. His words and actions were for the most part transgressive and contrary; he was unable to observe the deportment of a śramaṇa, drooled from his mouth, rolled his eyes, turned his eyelids upward, and, although others did not mistreat him, claimed that they did. The mind of the bhikshu Tây-yết-đa has now returned to normal, and he requests from the Sangha the vinaya procedure of exoneration on grounds of insanity. If the time is appropriate for the Sangha, may the Sangha consent. The Sangha now grants the bhikshu Tây-yết-đa the vinaya procedure of exoneration on grounds of insanity. This is the motion.

3. Karman

Next, the karman should be performed in accordance with the wording of the motion... up to the words: Thus do I record this matter.

Notes:

^[1] Dharmaguptaka Vinaya 47, p914b15: the bhikshu Nandi 比丘名難提.

^[2] Vinaya procedure of exoneration on grounds of insanity 不癡毘奈耶. Dharmaguptaka Vinaya: Exoneration on Grounds of Insanity 不癡毘尼. Pāli: amūhavinayo, settlement through freedom from delusion. Cf. Cūḷavagga iv (Vin. ii. 80).

GRANTING THE PROCEDURE OF INQUIRY INTO THE TRUE NATURE OF AN OFFENSE — MOTION WITH THREE PROCLAMATIONS^[1]

[494a01] The venerable Upāli addressed the Blessed One:

“Venerable Sir, the bhikshu Hastaka^[2] has conceived contempt for the assembly. He committed an offense but refuses to acknowledge it. When questioned by the bhikshus, he also refuses to submit.” The bhikshus reported this matter to the Buddha.

The Buddha said:

“Bhikshus, you should grant the bhikshu Hastaka the vinaya procedure of inquiry into the true nature of an offense.^[3] In similar cases, the procedure should be performed as follows: Carry out the preliminary measures as described above. Next, appoint a bhikshu to make the motion and perform the karman:

1. Motion

“Venerable Sangha, please listen! This bhikshu Hastaka has conceived contempt for the assembly. Although he has committed an offense, he does not acknowledge it. When repeatedly questioned by the bhikshus, he resists them. If the time is appropriate for the Sangha, may the Sangha consent. The Sangha now grants the bhikshu Hastaka the vinaya procedure of inquiry into the true nature of an offense. This is the motion.

2. Karman

Next, the karman should be performed in accordance with the wording of the motion... up to the words: Thus do I record this matter.

The Buddha said:

“Bhikshus, after the karman of inquiry into the true nature of an offense has been performed for him, there are certain rules that the person concerned must observe, which I shall now teach:

He may not give ordination to another person.

He may not confer higher ordination as a bhikshu upon another person.

He may not serve as a preceptor upon whom another depends.

He may not maintain a śrāmaṇera aspirant.

He may not be appointed as an instructor of bhikshunis. If he has already been appointed, the appointment must be revoked.

He may not interrogate a bhikshu or require him to recollect a breach of morality, a corruption of view, a breach of deportment, or a corruption of right livelihood.

He may not preside over the uposatha purification ceremony.

He may not preside over the pravāraṇā invitation ceremony.

He may not perform a karman consisting of a single motion, a motion and one proclamation, or a motion and three proclamations.

He may not recite the precepts. If no one else is available to recite the precepts, he may do so.

“These are the rules for a bhikshu undergoing inquiry into an offense. Whoever fails to observe them commits an offense of transgressing the Dharma.”

Notes:

^[1] Mūlasarvāstivāda Vinaya 25, p760b16: Pāyattikā 1, training rule: deliberate false speech. Dharmaguptaka Vinaya 11, p634a9 ff.

^[2] Bhikshu Hastaka 訶悉多: Skt. hastaka. Dharmaguptaka Vinaya 11, p634a23: Xiangli 象力. Mahīśāsaka Vinaya 6, p37b15: the Dharma-teacher bhikshu Shalan 法師比丘名沙蘭. Mahāsāṃghika Vinaya 12, p324c08: Elder Śiriyava 長老尸利耶婆. Sarvāstivāda Vinaya 7, p63b22: the Śākya bhikshu Heda 訶哆釋子比丘. Mūlasarvāstivāda Vinaya 25, p760b17: the originating circumstance began with the venerable Rāhula 具壽羅怙羅 (the venerable La-hỗ-la), but the precept had not yet been established; it was not until the originating circumstance involving the bhikshu Dharmapāṇi 法手苾芻 that the precept was established. Pāli: Hatthako Sakyaputto.

^[3] Vinaya procedure of inquiry into the true nature of an offense 求罪自性毘奈耶: Mahīśāsaka Vinaya 23, disciplinary procedure based on one’s original statement 作本言治. Sarvāstivāda Vinaya: procedure of seeking the truth 作實覓. Dharmaguptaka Vinaya 47: procedure concerning the locus of an offense 作罪處所. P. Tassapāpiyyasikā, seeking the characteristics of the offense; when an offender does not confess and gives contradictory accounts, the charges against him are formally set forth.

GRANTING THE PROCEDURE OF RECOLLECTION — MOTION WITH THREE PROCLAMATIONS

The venerable Śakti-putra was falsely accused by the bhikshuni Suhṛd of something that had never occurred. The bhikshus investigated the matter. When questioned, Śakti-putra felt ashamed. The bhikshus reported this matter to the Buddha.

The Buddha said:

“Bhikshus, you should perform the vinaya procedure of recollection^[1] for Śakti-putra. In similar cases, the procedure should be performed as follows: Spread out the seats... up to instructing the person concerned to squat, join his palms, and make this request:

1. Request

“Venerable Sangha, please listen! I, Śakti-putra, was falsely accused by the bhikshuni Suhṛd of something that had never occurred. At that time, the bhikshus investigated the matter. When questioned, I felt ashamed. I, Śakti-putra, now request that the Sangha grant me the vinaya procedure of recollection. May you have compassion for me, have compassion for me.”

[494b01] He should make this request a second and a third time in the same way.

2. Motion

Next, appoint a bhikshu to make the motion, followed by the karman:

“Venerable Sangha, please listen! Śakti-putra was falsely accused by the bhikshuni Suhṛd of something that had never occurred and consequently felt ashamed. Śakti-putra now requests that the Sangha grant him the vinaya procedure of recollection.

“If the time is appropriate for the Sangha, may the Sangha consent. The Sangha now grants Śakti-putra the vinaya procedure of recollection. This is the motion.

3. Karman

Next, perform the karman:

“Venerable Sangha, please listen! Śakti-putra was falsely accused by the bhikshuni Suhṛd of something that had never occurred and consequently felt ashamed. Śakti-putra now requests that the Sangha grant him the vinaya procedure of recollection. The Sangha now grants Śakti-putra the vinaya procedure of recollection. Those venerable ones who consent to granting Śakti-putra the vinaya procedure of recollection should remain silent. Whoever does not consent should speak. This is the first proclamation of the karman.”

The proclamation should be made a second and a third time in the same way.

The Sangha has now granted Śakti-putra the vinaya procedure of recollection. The Sangha has consented through its silence. Thus do I record this matter.

Notes:

^[1] Vinaya procedure of recollection 憶念毘柰耶: Vinaya procedure of recollection 憶念比尼: P. Sativinaya, settlement through recollection.

SELECTING IMPARTIAL ARBITERS — MOTION AND ONE PROCLAMATION^[1]

When adjudicating a dispute, if the assembly is unable to settle it properly, ten or twelve elders possessing the virtues of impartiality and integrity should be selected from among the assembly to quell the dispute. The procedure should be performed as follows:

1. Motion

“Venerable Sangha, please listen! A dispute has presently arisen within the Sangha and cannot be quelled. The Sangha now wishes to select several impartial elders from among the assembly to quell the dispute, in the hope that it may quickly be brought to an end. If the time is appropriate for the Sangha, may the Sangha consent. The Sangha now wishes to select several impartial elders from among the assembly to quell the dispute, in the hope that it may quickly be brought to an end. This is the motion.

2. Karman

The karman should be performed in accordance with the wording of the motion.

After the karman has been performed, if these persons are able to extinguish the dispute, nothing further need be done. If they cannot bring it to an end, then impartial adjudicators should be selected once again. This should be done as follows:

Notes:

^[1] Impartial adjudicator 平正人: Dharmaguptaka Vinaya 54, p. 971a11: equitable person 平當人. Mahisasaka Vinaya 30, p. 193c21: presiding adjudicator 斷事主. P. ubbāhikāya, a jury.

SELECTING IMPARTIAL ADJUDICATORS A SECOND TIME — MOTION AND ONE PROCLAMATION

1. Motion

Venerable Sangha, please listen! A dispute has now arisen within the Sangha. Although impartial adjudicators were selected from among the assembly in the hope of extinguishing the dispute, they have been unable to bring it to an end. The assembly will now select once again persons to extinguish the dispute and send them elsewhere so that the dispute may be extinguished. [494c01] If the time is appropriate for the Sangha, may the Sangha consent. The assembly will now once again select persons to extinguish the dispute and send them elsewhere so that the dispute may be extinguished. This is the motion.

2. Karman

The karman is to be performed in accordance with the motion.

TRANSFERING THE DISPUTANTS ELSEWHERE — MOTION AND ONE PROCLAMATION

If the dispute within the assembly still does not cease, the disputants should be sent to another community so that the dispute may be extinguished in accordance with the Dharma. The procedure is as follows:

1. Motion

Venerable Sangha, please listen! A dispute has now arisen within this assembly and, despite repeated attempts, cannot be extinguished. In order to extinguish it completely, the Sangha now wishes to send the bhikshu named… who is a party to the dispute, and entrust him to the Sangha at the residence of… so that they may eliminate the dispute. If the time is appropriate for the Sangha, may the Sangha consent. The Sangha now wishes to send the bhikshu named… who is a party to the dispute, and entrust him to the Sangha at that residence of… so that they may eliminate the dispute. This is the motion.

2. Karman

The karman is to be performed according to the wording of the motion.

If the dispute has continued for a long time and cannot be eliminated, and factions have formed within the Sangha, the voting-token procedure must be prepared and carried out among the assembly. The motion is as follows:

Venerable Sangha, please listen! A dispute has now arisen within this assembly and has remained unresolved for a long time. In order to extinguish it, the Sangha will now carry out the voting-token procedure. If the time is appropriate for the Sangha, may the Sangha consent. The Sangha will now carry out the voting-token procedure. This is the motion.

The karman is to be performed according to the wording of the motion.

If the dispute still does not cease after the karman for carrying out the voting-token procedure has been performed, and factions still remain within the Sangha, then the methods for settling disputes should be applied as clearly explained in the Great Vinaya.^[1]

Notes:

^[1] Great Vinaya 大律: the Vinaya texts belonging to the Sarvastivada preserved in volumes 23 and 24 of the Taisho Tripitaka.

ESTABLISHING A PURE KITCHEN — MOTION AND ONE PROCLAMATION

The Buddha said:

“Bhikshus, a pure kitchen should be established.”^[1]

At that time, the bhikshus did not know how a pure kitchen should be established or how many types there were.

The Buddha said:

“In general, there are five types of pure kitchen. What are the five? 1. Established by forming the intention; 2. Established by mutual affirmation; 3. Like a resting ox; 4. An abandoned former place; 5. Established by performing the legal procedure^[2] (This may be established collectively or established separately in one area).

1. Established by forming the intention: When the bhikshu serving as steward or a layperson constructs a building, at the time the foundation stones are laid, he thinks: ‘At this residence, a pure kitchen will now be made for the Sangha.’

2. Established by mutual affirmation: It is jointly designated. When the bhikshu serving as steward wishes to begin construction and lay the foundation stones, he says to the bhikshus living together: ‘Venerable ones, please all be aware that a pure kitchen will now be made here for the Sangha.’

3. Like a resting ox: A building that does not meet the prescribed standards and is used temporarily. [495a01]

4. An abandoned former place: A place no longer in use.

(The two types above are not often seen in use. The remaining three types are commonly used. There is no impediment whether a room within the monastery is collectively established as such or a separate place is specifically designated. At Nalanda Monastery, an entire kitchen building was collectively established, with a place far to the north designated for this purpose. This may be done according to the preference of each place. Other passages explain this extensively.)

5. Established collectively by the assembly^[3] (performing the legal procedure): With the consent of the entire assembly, a karman consisting of a motion and one proclamation is performed. It should be established as follows: First, determine a place free from obstacles and danger. The pure kitchen is to be established within an area extending from the furthest point inside the inner boundary to one fathom beyond the outer boundary. If the Sangha agrees, seats are spread at that very place, the gandhi is struck… and so forth, up to appointing a bhikshu to perform the karman:

1. Motion

Venerable Sangha, please listen! The repairs at this residence have now been completed. The area extending from the furthest point inside the inner boundary to one fathom beyond the outer boundary is to be established as a pure kitchen. If the time is appropriate for the Sangha, may the Sangha consent. At this residence, where the repairs have now been completed, the Sangha establishes as a pure kitchen the area extending from the furthest point inside the inner boundary to one fathom beyond the outer boundary. This is the motion.

2. Karman

Venerable Sangha, please listen! The repairs at this residence have now been completed. The area extending from the furthest point inside the inner boundary to one fathom beyond the outer boundary is to be established as a pure kitchen.

At this residence, where the repairs have now been completed, the Sangha establishes as a pure kitchen the area extending from the furthest point inside the inner boundary to one fathom beyond the outer boundary. If the venerable ones consent that, at this residence where the repairs have now been completed, the area extending from the furthest point inside the inner boundary to one fathom beyond the outer boundary be established as a pure kitchen, let them remain silent; whoever does not consent should speak.

The Sangha has consented that, at this residence where the repairs have now been completed, the area extending from the furthest point inside the inner boundary to one fathom beyond the outer boundary be established as a pure kitchen, because it remains silent. Thus do I record this matter.

After the Sangha has collectively established the pure kitchen, two benefits are obtained at this residence:

1. Food may be stored outside the boundary and cooked within the boundary.

2. Food may be stored within the boundary and cooked outside the boundary, without fault in either case.

When a monastery is first established and cords are stretched out to determine its location, bricks or stones should be placed in the four directions of the monastery as boundary markers. At that very time, if circumstances permit, the karman should be performed; or the entire assembly should then say: ‘I intend to establish as a pure kitchen the area extending from this corner of the monastery to the outer boundary.’

This should be declared in the same way a second and a third time, and the pure kitchen is thereby established.

At that time, the bhikshu Simha wished to eat granulated sugar. The Buddha said:

“Whether at the proper time or at an improper time, whether ill or not ill, one may eat it as one wishes.” (In the countries of the Western Regions, rice flour is mixed in when granulated sugar is made, just as milk and oil are used in making sugar cakes. The Buddha permitted it to be consumed at an improper time in order to prevent the coarse marks of hunger, foster cultivation of the Path, and nourish the body. In the regions of the Southern Seas, the juices of various sweet trees are boiled to make sugar, and this may be eaten at an improper time.

According to this principle, maltose in this region—[495b01] the Eastern Lands—may also be consumed at an improper time. Why is sugarcane regarded as allowable only at the proper time, while its expressed juice is allowable at an improper time? Rice and wheat, although regarded as foods for the proper time, are not permitted in the form of maltose after midday.

Upon careful examination, although there is a rationale for this, one must not act carelessly according to one’s own wishes when preparing it. If expressed juice is boiled down until thick, it is not permitted to be consumed at an improper time. Honey boiled with tubers is likewise included in this prohibition.)

Notes:

^[1] Pure kitchen 淨厨: According to the Buddha’s regulations, cooking is not permitted within the grounds of a Sangharama. However, on one occasion a bhiksu suffering from diarrhea asked someone in the city to cook gruel for him. Because circumstances arose that evening and the city gates were closed early, no one could enter to fetch the gruel, and the bhiksu died that night.

On account of this, the Buddha permitted a pure area to be designated within the grounds of the Sangharama for temporary cooking. Any vacant plot of land or any room may be selected and designated as a pure kitchen (Dharmaguptaka Vinaya 43, p. 874c, Medicine Skandhaka). The Chinese word “pure” in “pure kitchen,” “pure storehouse,” and “making pure” is a semantic translation of the Sanskrit kalpa (P. kappa), whose primary meaning is “discriminative consideration” (translated by Yijing as “discrimination”).

Accordingly, a pure object, or one that has been made pure, is an object designated—legitimized—for some particular use. Thus, the word “pure” here has nothing to do with defilement or purity.

^[2] Chinese: Enacted in accordance with the Dharma 秉法作. “In accordance with the Dharma”: see note 1, p. 120.

^[3] Chinese: Enacted through designation by the assembly 眾結作.

ROBES (CLOTH)

As the Blessed One taught:

“Bhiksus, you should use cut and pieced robes.”

At that time, a bhiksu obtained a large, multilayered woolen robe and therefore took a knife and scissors to the dwelling place during the day to cut it into pieces. The Blessed One came to him and asked:

“What are you doing?”

The bhiksu reported the matter to the Buddha. The Buddha taught:

“Bhiksus, there are five kinds of robes that should not be cut into pieces: 1. A thick rug; 2. A thick woolen blanket; 3. A heavy, coarse, thick blanket joined from many pieces; 4. Coarse bird’s-eye cloth. (People in the western countries do not wear patchwork robes); 5. A small piece of cloth that would be insufficient if cut up.

“I permit bhiksus to fold and wear these five kinds of cloth. Among these five, except for the fifth kind, for which a thick pad may be folded into it, these are five kinds that need not be cut into pieces.” (Some maintain that a sitting and sleeping mat may be used to make the three robes. Although this might be called a profound interpretation, it is actually only subjective conjecture. The Vinaya says that a sitting and sleeping mat is a pad spread out for sleeping; how could it be cut apart and used to make the three robes? Cutting it up in this way is unreasonable. This is explained clearly here lest such doubts continue to be entertained; hence this additional note.)

As the Blessed One taught: Bhiksus must not use a sitting and sleeping mat belonging to the Sangha unless it has a covering.

At that time, the group of six bhiksus used dirty, sweat-stained, thin, and worn-out cloth to cover the Sangha’s sitting and sleeping mats. In the morning, the Blessed One donned his robe, took his alms bowl, and entered the city of Vaisali to seek alms, with the Venerable Ananda as his attendant. The Blessed One saw a man whose exposed back was dark and discolored. He asked Ananda:

“Do you see that man whose exposed back is dark and discolored?”

Ananda replied:

“Yes, Blessed One, I see him.”

The Buddha taught:

“In the past, this man went forth under the true teaching of the Tathagata Kasyapa. On his own authority, he used inferior material to cover a sitting and sleeping mat belonging to the Sangha. As the evil result of that dark karma, he fell into hell; and when he was born as a human, his back was dark and discolored for five hundred lifetimes because of that transgression.”

Therefore, a bhiksu should not use loosely woven, thin, worn-out, or dirty material to cover the Sangha’s sitting and sleeping mats. If the material is thick, one layer may be used; if it is thin, it must be used in two layers as a covering before the mat may be used. Whoever fails to do so commits an offense of transgressing the Dharma.

At that time, a bhiksu made a nisidana^[1] of multicolored material for his use and also added long cloth tassels. Brahmins and laypeople saw this and ridiculed him.

The Buddha taught:

“A sitting and sleeping mat should be made with two layers and dyed in a subdued color: either blue (the Vinaya text does not permit a beautiful deep blue; when dyeing it, the color should be muted as circumstances allow), or the color of mud (the extensive Vinaya explains that ‘the color of mud’ may mean the color of red earth, red stone, or the actual color of mud, but pure black must not be used, for that is the color of non-Buddhist ascetics), or the gandha color (in Sanskrit, kasaya,^[2] translated as dark red).

At the third section [495c01], it must be cut and sewn into panels, with borders on all four sides.” (In former times, a sitting and sleeping mat was originally covered with felt. To guard against the penetration of sweat, its length was greater than a person’s height and its width was like that of a small mat. Its prescribed dimensions are clearly recorded in the extensive text.

The essential point here is that it is not used for prostrations. The question of what is correct and incorrect will be explained clearly elsewhere.)

As the Blessed One taught: There are eight circumstances concerning material gains. What are the eight?

1. Gains obtained within a boundary.

2. Gains obtained by established agreement.

3. Gains obtained through dependence.

4. Gains obtained during the rains retreat.

5. Gains obtained by the Sangha.

6. Gains obtained by a bhiksu.

7. Gains obtained in one’s presence.

8. Gains obtained for a designated place.

1. Gains obtained within a boundary: Within a clearly delimited boundary, or within two or more boundaries, whatever material gains are received at any particular place must be divided jointly according to the resident elders within that boundary.

2. Gains obtained by established agreement: Bhiksus living together, whether they follow a particular group or do not follow a particular group, jointly establish an agreement: “Later, when we undertake the rains retreat at a certain dwelling place, village, town, or street, this household shall belong to me, and that household shall belong to you.” When material gains are received, they are accepted according to the foregoing agreement.

The full account is given in the Great Vinaya. (“Following a particular group” refers to following the faction of Devadatta.^[3] “Not following a particular group” refers to disciples of the Buddha. Here, articles at any dwelling place are divided within that dwelling place; it does not mean that two places are divided into two assemblies. Even now, in the western regions, there remains a lineage [group] of renunciants belonging to Devadatta.

Their rites and study of the Tripitaka are for the most part the same as the Buddha’s teaching; even their [views regarding] the five destinies of rebirth, rebirth in the heavens, and liberation are all very similar. They do not reside in the great monastic viharas but live upon mounds near villages, sustaining themselves by begging for alms. Most of them practice pure conduct, use gourds as bowls, and wear only two lengths of cloth.

Their cloth is faded and worn, and they consume neither butter nor milk. They are very numerous at Nalanda Monastery, where I saw them listening to many kinds of scriptures.

“Once I [Yijing] asked one of them: ‘Your deportment and practices closely resemble those of the Great Teacher, yet why do certain peculiarities remain, making you appear to resemble Devadatta? Could you be of Devadatta’s lineage?’ The man replied, ‘My patriarch was not Devadatta.’ Perhaps they fear being despised and therefore evade acknowledging their affiliation. Although they largely resemble the Buddha-Dharma, in their practice as a whole the sacredly established teaching divides into two paths, each followed separately and each receiving its own offerings.

How are they different from non-Buddhist ascetics who cling to annihilationism or eternalism, falsely maintain that things arise spontaneously, and speak idly of realization? At mealtimes and while sitting, they behave without order and differ in no way from ordinary people. Sycophantic followers take them as models; they come and go, becoming tainted through contact, like the clear Jing River and the turbid Wei River flowing together.^[4] Therefore, those of noble character must examine this and not become like them.

This matter should be understood deeply.)

3. Gains obtained through dependence: This means undertaking the rains retreat in dependence upon a man, a woman, or a pandaka and obtaining material gains through them.

4. Gains obtained during the rains retreat: These are material offerings received during the present rains retreat according to the donors’ offerings.

5. Gains obtained by the Sangha: These are articles whose recipient has been determined, but whose distribution has not been specified. The donor brings these articles and determines that they are to be offered to the Sangha, but does not specifically distinguish whether they are offered to those undertaking the summer rains retreat or to those presently assembled. In such a case, the donor should be asked again.

6. Benefits obtained by bhikshus: property that has already been assigned and specifically apportioned. Those residing in the rooms or monastery may make use of these beneficial goods. [496a01]

7. Benefits obtained in one’s presence: beneficial goods received directly from donors.

8. Benefits obtained for designated places: the places where the Original Teacher taught and converted beings throughout his lifetime. There are eight places in all, called the eight great caityas:^[5]

First, the place where the Buddha was born: Lumbinī Grove,^[6] in the city of Kapilavastu.^[7]

Second, the place where the Buddha attained enlightenment: upon the vajra seat beneath the bodhi tree, in the Dharma Araṇya Grove,^[8] in the kingdom of Magadha.^[9]

Third, the place where the Buddha turned the Dharma wheel: in the Deer Park at the Place Where the Seers Fell,^[10] in the kingdom of Vārāṇasī.^[11]

Fourth, the place where the Buddha entered nirvana: between the twin śāla trees, in the city of Kuśinagara.^[12]

Fifth, the Bamboo Grove and Vulture Peak, in the city of Rājagṛha.^[13]

Sixth, the Gabled Hall,^[14] beside the Monkey Pond,^[15] in the city of Vaiśālī.^[16]

Seventh, Anāthapiṇḍada’s Park in Jeta Grove, in the city of Śrāvastī.^[17]

Eighth, at the village of Level Grove,^[18] where the Buddha descended from the heavenly realm into the human world.

The first through fourth places are designated places. The fifth through eighth places are undesignated places.

If goods are intended as offerings to the place of the Buddha’s birth, they should be offered at that place and must not be transferred elsewhere.

If it is not possible to bring them to any of the other three places, they may, according to circumstances, be offered at one place. The same reasoning applies to the remaining three places. The latter four caityas do not fall under this rule.

Notes:

^[1] Ni-sư-đãn-na 尼師但那: Skt. niṣīdana, P. nisīdana; translated into Chinese as phu tọa 敷坐, phu cụ 敷具, or tọa cụ 坐具; a cloth spread out for sitting.

^[2] Ca-sa-dã 袈裟野: Skt. kaṣāya.

^[3] Đề-bà-đạt-đa 提婆達多: Skt./P. Devadatta; translated as Thiên Thọ 天授, “Heaven-Given.”

^[4] Chinese: Kính, Vị 涇渭. The Jing River originates in Gansu Province and flows into Shaanxi Province, China. The Wei River originates in Gansu Province, flows through Shaanxi Province, and empties into the Yellow River, China. The Jing River is turbid and the Wei River clear; hence the expression kính vị 涇渭 denotes the distinction between clear and turbid.

^[5] Caitya: see note 2, p. 154.

^[6] Lumbinī Grove 嵐毘尼林: Skt. Luṁbinī; translated as “place of liberation.”

^[7] Kiếp-tỳ-la-phạt-tốt-đổ 劫比羅伐窣覩: Skt. Kapilavastu, commonly called Ca-tỳ-la-vệ; translated as “the dwelling place of the yellow-haired seer,” and so forth. It is now the region of Tilaurakot near the border of Nepal.

^[8] Dharma Araṇya 法阿蘭若: araṇya, Skt. araṇya, P. arañña, means a secluded forest. It is also a place where the originally quiescent and exceedingly profound Dharma is taught; hence it is called the Dharma Araṇya, or “place of the Dharma Araṇya” 法阿蘭若處.

^[9] Magadha 摩揭陀國: Skt.=P. Magadha, one of the sixteen great kingdoms in the Buddha’s time. Its present location is in northeastern India, between the states of Bihar and Jharkhand.

^[10] Chinese: “Within the Deer Park at the Place Where the Seers Fell” 仙人墮處施鹿林中. The Mahāvibhāṣā Treatise 183, T27n1545, p. 917a28, states: “Long ago, five hundred seers were flying through the sky. When they reached this place, they encountered conditions that caused them to lose their powers—seeing naked palace women, they conceived lust—and fell here. Moreover, in ancient times King Brahmadatta gave this forest to the deer; therefore it was called the Deer Park, the forest given to the deer.” Its present location is Sārnāth, six kilometers north of the city of Varanasi, in northern India.

^[11] Bà-la-nê-tư 婆羅痆斯: Skt. Vārāṇasī, P. Bārāṇasī, also commonly called Ba-la-nại; now the city of Benares, also known as Varanasi.

^[12] Câu-thi-na 拘尸那: P. Kusinārā (Skt. Kuśinagara, Kuśinagarī, Kuśigrāmaka; 拘尸那竭: Câu-thi-na-kiệt). The capital of the Mallas.

^[13] City of Rājagṛha: see note 1, p. 244.

^[14] Chinese: Gabled Hall 高閣堂; P. kūṭāgārasālā, a raised building used as an assembly hall. The Dharmaguptaka Vinaya and the Samantapāsādikā render it as Gabled Lecture Hall 高閣講堂. The Dīrgha Āgama 11, T01n1, p. 66a24, calls it the Dharma Assembly Hall 集法堂. The Saṃyukta Āgama 3, T02n99, p. 20b29, and so forth, call it the Multi-Storied Lecture Hall 重閣講堂.

^[15] Chinese: Monkey Pond 獼猴池; Skt. Markaṭa hrada. The macaque is a species of small monkey. The Sounds and Meanings of All the Scriptures 59, T54n2128, p. 699b18, states that the monkey pond was beside the Āmra Grove in Vaiśālī, central India, and that long ago a troop of monkeys gathered and dug the pond for the Buddha. The Essentials of Vinaya Observation 3, X40n720, p. 505b1, explains that these macaques often came to the river or pond to bathe; therefore it was called the Monkey River.

^[16] City of Quảng Nghiêm 廣嚴城: also called Tỳ-xá-ly, Phệ-xá-ly, Tỳ-da-ly, and so forth. (See note 1, p. 244.)

^[17] City of Śrāvastī: see note 1, p. 17.

^[18] Village of Level Grove 平林聚落: (?)

TAKING CUSTODY OF A DECEASED PERSON’S PROPERTY—SINGLE MOTION

At that time, the venerable Upananda passed away, leaving behind property and articles worth three hundred million gold coins. Bhikshus from the six great cities assembled and each said:

“I am entitled to a share of these articles.”

The bhikshus did not know how the matter should be resolved, so they reported it to the Buddha.

The Buddha said:

“Any bhikshu present at these five times is entitled to a share. What are the five?

1. Being present when the gaṇḍī is struck to convene the assembly.

2. Being present when the announcement is proclaimed three times.

3. Being present when homage is paid to the caitya.

4. Being present when the number is counted.

5. Being present when the motion is made.

“One who is present at these five times is entitled to a share. The procedure should be conducted as follows: spread out the seats, strike the gaṇḍī, and, when the Sangha has assembled, appoint a bhikshu to perform the karma of a single motion. Before performing the procedure, the person who nursed the sick bhikshu and the person who lived with him must be asked whether he owed any property to anyone and whether anyone owed any property to him. After these matters have been settled, the motion shall be made:

“Venerable Sangha, please listen! The bhikshu Upananda has died here, leaving property both present and not present, comprising robes and other articles. These shall now be taken into custody. If the time is appropriate for the Sangha, may the Sangha consent. The Sangha shall now jointly take into custody the property [496b01], both present and not present, comprising robes and other articles, of the recently deceased bhikshu Upananda. This is the motion.”

After the procedure of the single motion has been completed, all bhikshus present within the boundary are entitled to shares of those articles. If the procedure is not performed, the Blessed One and all his śrāvaka disciples presently dwelling in Jambudvīpa,^[1] as well as those dwelling in other places, are all entitled to shares.

This is the procedure for distributing the property of a deceased bhikshu. It should also be understood that, if there are disturbances and complications that make it difficult to assemble the Sangha, it is permitted to perform only the initial and concluding procedures. That is, ten coins should be given to the most senior elder and five coins to the most junior member. This should be remembered.

Note:

^[1] Jambudvīpa 贍部洲: Skt. Jambu-dvīpa, P. Jambu-dīpa. Jambu is the name of the rose-apple tree, a species that grows in India. Formerly Jambudvīpa referred specifically to India; later it came to refer generally to the human world.

APPOINTING A BHIKSHU TO MANAGE THE PROPERTY OF A DECEASED PERSON—SINGLE MOTION

If a perilous circumstance arises during the summer rains retreat, a bhikshu should be appointed to manage the robes and property of the deceased bhikshu. After the assembly has gathered, he should first be asked:

“Venerable ... , are you able to serve the Sangha as the manager of the robes and property of the deceased bhikshu?”

He replies:

“I am able.”

A bhikshu should then be appointed to perform the karma of a single motion:

“Venerable Sangha, please listen! This bhikshu named ... is able to serve the Sangha as the manager of the robes and property of the deceased bhikshu. If the time is appropriate for the Sangha, may the Sangha consent. The bhikshu named ... is now appointed as the manager of the robes and property of the deceased bhikshu. This is the motion.”

As the Blessed One taught, there are discordant karmans and harmonious karmans. What is a discordant karman? It is when the bhikshus perform a karman together within a single boundary, but the entire Sangha has not assembled; those who are required to send their consent have not sent it; or, although the entire Sangha has assembled, one qualified to object has raised an objection, yet they do not stop and still insist on performing the karman. This is called a discordant karman.

What is a harmonious karman? It is when the bhikshus, together within a single boundary, all assemble in full when performing the formal act of karman; those who are required to send their consent have done so; and when one qualified to object raises an objection, they stop upon being admonished. This is called a harmonious karman.

The Venerable Upali addressed the Blessed One:

“Venerable Sir, how many kinds of persons may speak without their words needing to be acknowledged, and may object without their objection constituting a valid objection?”

The Buddha said:

“There are twelve kinds of persons.”

What are the twelve?

1. One without moral shame; 2. One with a blemish; 3. One who is ignorant; 4. One who is deluded; 5. One who is unclear; 6. One unskilled in speech; 7. One outside the boundary; 8. One who has been excluded; 9. One who speaks out of order; 10. One who has abandoned the proper deportment; 11. One who has lost his normal state of mind; 12. A probationer.

(For the complete explanation, see the [Sarvastivada] Nidana-Muktaka.)

“Venerable Sir, how many kinds of persons must have their words acknowledged, and whose objections constitute valid objections?”

The Buddha said:

“There are four kinds of persons. [496c01] What are the four?

1. One who retains his normal state of mind; 2. One who is within the boundary; 3. One who has not abandoned the proper deportment; 4. One who speaks in due order.”