[687] Might a legal issue arising from accusation (anuvādādhikaraṇa), without recourse to two means of settlement (samatha)—the verdict of mindfulness (sativinaya) and the verdict of past insanity (amūḷhavinaya)—be settled by two means of settlement: settlement in the presence (sammukhāvinaya) and the act of further penalty (tassapāpiyasikā)? It should be answered: "It might." How so?
Here, bhikkhus, a bhikkhu charges a bhikkhu in the midst of the Saṅgha with a grave offence (garukā āpatti): "Does the venerable one remember having committed a grave offence of this kind—a pārājika or something bordering on a pārājika?"
He speaks thus: "Friend, I do not remember having committed a grave offence of this kind—a pārājika or something bordering on a pārājika."
As he clears himself, the accuser presses him: "Come now, venerable one, know for certain whether you remember having committed a grave offence of this kind—a pārājika or something bordering on a pārājika."
He speaks thus: "Friend, I do not remember having committed a grave offence of this kind—a pārājika or something bordering on a pārājika; but I do remember, friend, having committed a trifling offence (āpatti) of this kind."
As he clears himself, the accuser presses him: "Come now, venerable one, know for certain whether you remember having committed a grave offence of this kind—a pārājika or something bordering on a pārājika."
He speaks thus: "Friend, having committed even this trifling offence, I will acknowledge it unasked; why then, having committed a grave offence of this kind—a pārājika or something bordering on a pārājika—would I not acknowledge it when asked?"
The accuser speaks thus: "Friend, having committed even this trifling offence, you would not acknowledge it unasked; how then, having committed a grave offence of this kind—a pārājika or something bordering on a pārājika—will you acknowledge it unasked? Come now, venerable one, know for certain whether you remember having committed a grave offence of this kind—a pārājika or something bordering on a pārājika."
He speaks thus: "Friend, I do remember having committed a grave offence of this kind—a pārājika or something bordering on a pārājika. That was said by me in jest; that was said by me in a rash outburst. I do not remember having committed a grave offence of this kind—a pārājika or something bordering on a pārājika."
Bhikkhus, the act of further penalty (tassapāpiyasikākamma) should indeed be carried out against that bhikkhu.
English translation from the Pali (Siam Raṭṭha edition) — under review, not for citation.