( 506 )
APPENDIXBuddhist Ecclesiastical Lav.
Evidence recorded in Dammaratna Unnonse v. SumangalaUnnanset (1910) 14 N. L. R. 400.
(See .also Saranankara Unnanse v. Indajoti Unnansc,(1918) 20 N. L. R. 385, at page 388.;
D. C. Kandy, No. 18,982.
October 10, 1910.
Mr. JBeven, for plaintiff.
Advocate La Brooy (with Mr. van der Wall), for first defendant.
The second defendant is absent.
Vide decreeof SupremeCourt datedMarch23,1910, and the nine
questions propounded therein. (For questions see 14 N. L. R. 400.)
Mr. Beven calls—
HeramitigalaDhirananda,affirmed:—Iam amemberof the Chapter
■of PriestsofMalwatta Vihare, and reside there. Iwasrobed twenty-
five yearsago,and ordained a full priestfifteen yearsago.Ihave made
a special studyof Buddhist literature, Paliand Sanscrit,andofthe laws of
■succession of the Buddhist priesthood.
Pupillary succession isobtained by the.act ofbeing robed, or,in
the case of- a pupil who is robed by his tutor being presented for ordi-nation byanother priest in his own nameand in thatofthetutor, such
pupil will succeed the priest who presented him also if he die without a pupilof his own.
*
A pupil can succeed his tutor, though not robed by him, if he bepresented for ordination by that tutor, and the latter dies leaving no pupil whomlie had robed.
If a priest has several pupils whom he hasrobed, they willall
succeed him, but the senior pupil becomes the incumbent, while the otherswill occupy a subordinate position in the vihare, and be entitled tolive there and to be maintained out of its income. (See case reportedin Vanderstraaten’s Reports224.) A priestcan,however, selectand
nominate one of his pupils as his successor, irrespective of seniority, if thenecessity arises.
A pupil of one tutormay become thepupilsof another, butthat
fact will not deprive him of his right to succeed his former tutor if hehad been robed by him. He becomes the pupil of the second priest•only if presented for ordination by him in his own' name or in that of both tutors.
If a pupil dies before his tutor, his pupil does not thereby lose his right tosucceed his tutor’s tutor.
If a tutor disrobes himself -for any cause, he loses all rights over the vihare,hut he will be entitled to take away his personal belongings^ The status of hispupils will in no way be affected by it, but they will succeed~him as in the caseof ms death.
If a tutor has two or mor6 pupils, the senior pupil will succeed in the
ordinary course, unless the tutor has appointed otherwise. (Vide answer to question3.).
In illustration (1), both B and C will succeed A, but the senior of them willbe the chief incumbent in the absence of a contrary selection.
In illustration (2), C will succeed A as the surviving co-pupil.
( 507 )
In illustration (8), G will succeed A as his surviving pupil, and becomechief incumbent, while B's pupil E will also have the right to remainthere and ha maintained out of the income.
If the chain of the pupillary succession to a vihare dedicated in
aiayanusisya paramparatoa is broken, the vihare will revert to thewhole body of priests ofthecollege to which itbelongsand become
eanghika. In such a case, according to the law laid down in theancient books, a new incumbentwill be appointed by the unanimous
vote of the priests who assemble there for the purpose. This rule, how-ever, has not been observed for the last two hundred years or more, andthe right of appointments has been exercised by the Chapter of Priests ofthe college to which itbelonged. 'Atthetime whentheancient books
were written (more than*onethousandyears ago)thesecolleges and
chapters did not exist.
If the new incumbent is lawfully appointed to a vacancy, the
right of succession to himwilldepend on the termsof hisappointment.
If his appointment be only for life, his successor will have to be ap-pointed afresh by the person or body of persons who have the right todo so. If the appointment be unconditional, his pupil will succeed him,and a new chain of succession re-established.
The Mahanayaka ofthe collegecan make nosuch appointment
without the concurrence of his Chapter of Priests.
(Vide, however. D. C. Kandy, No. 17,385, • decided in appeal onJanuary 20, 1910.)
F. E. Dus, D. J.
For want of time further hearing is adjourned for to-morrow.
F. E. Dus, D. J.
October 11, 1910.
Mr. Seven, for plaintiff.
Mr. van der Wall, for first defendant.
Second defendant absent.
Heramitigala Dhirananda, affirmed.
Examined.—Thebooks I rely uponareVinayalankaraandthePali
Mukthdhat Vinaya,
If a pupilis robed by one tutor and presentedbyanother for ordi-nation, he cannotbecome the pupil ofthelatter withoutthe consent . of
the former,if alive.Such consentis expressed either bymeans ofa
letter addressed to the Chapter of Priests, or given personally in thepresence of the Chapter at the time of ordination. He may be the pupilof both priests.
If a priest disrobes himself, he losesallrights as apriest.Hisdis-
robement willnot affect the rightof succession ofhisownpupil or of
his co-pupil.
If plaintiff wasthe pupil of Tissa,whodisrobed himself inthelife-time of histutor Sonuttara, theplaintiff would succeed tothe incum-
bency, if Sonuttara left no pupil of his own. The plaintiff would sosucceed, even though he may have deserted Sonuttara in his lifetime.
If the chain of succession is broken, the viharebecomessanghik®,
and vests in the whole body of priests. I cannot cite an instance wherethe community of priests has exercised the right of appointing a newincumbent,but I know of someinstances, though 1cannotrecollect
the names,of the vihares. I haveonly been amemberof theMalwatta
Chapter forthe last four years.The Mahanayakahasnorightto
make anyappointment by himselfwithout thesanctionof theChapter.
I do not remember any instancewhere he madesuch anappointment.
We have norules for our guidancein these matters,butthecustomis
for the Mahanayaka to carry outthe decisionsof themajorityof the
Chapter, which are in accordance with the Vinaya.
F. E. Dus, D. J.
( 508 )
Ratanajoti,affirmed:—I am the Nayaka CnnanseofMayangane in
Bintenne, bat reside at Asgiriya Vihare. Mv age is fifty-five years, andI havebeen apriest for forty years.I have beena member of the
Chapter of Priests of Asgiriya for the last thirty-one years, and amacquainted with the Buddhist laws of ecclesiastical succession.
0.) Ifa priestrobes a pupil and hashimordained,that pupil thereby
obtains the right of succession to his master. He may succeed even thougnnot ordained at his instance.'
A pupilcannot succeed his tutorunless he hasbeenrobedby him,
but a priestwho has no pupil of hisown may adopt therobedpupil of
another priest, and make him his successor either verbally or by a deedof gift. (See, however, 4 S. C. C. 121.)
(8) Ifa priesthas several pupils theyallsucceed him, but the pupil
first ordainedwill be chief incumbent,and the otherswillhavethe right
to remain in the vihare and be maintained out of the income.
Ifthe pupil of one tutor becomesthepupil ofanother tutor, he
will not thereby lose his right to succeed his first tutor.
If the pupil of a tutor dies before his tutor, his pupil will not losehis right to succeed his tutor’s tutor.
If a tutor disrobes himself, he forfeits all rights as a priest, buthis pupil will in no way be affected thereby. He will succeed to the incumbencyas if his master were dead.
If a tutor has two or more pupils, they all succeed him in the orderof seniority of their ordination.
Tnillustration(1),onthe deathofA, B and Cwill both succeed him
in order of seniority.
Inillustration(2),ifBdies beforehis tutor, hisco-pupil C will alone
succeed. –
In illustration (3), the surviving pupil C will succeed his master aschiefincumbent, butE, thepupilof hisco-pupilB, will also succeed,
and occupy, second place.
Ifpupillary successionfails to an incumbency heldin sisyanusisya
parampaiawa, it will become sanqhika, and revert to the whole body ofpriests of thecollegetowhichitbelongs. Theright to appoint a
newincumbentwill lieentirelyinthe Chapteroi Priests of that
college.
When such anappointment is made,a newchain of succession is
started. I know of instances where that has occurred, viz., NathegodaViharein HarispattuandMeddegamainSabaragamuwa.Ifthe priest
so appointed hasa pupil,that pupil willsucceed totheincumbency,
which does not revert to us unless the chain is again broken.
Examined.—Thiswill alldepend on thenature oftheappointment
made by the Chapter.Theappointmentmaybe made forlife,or during
pleasure, or in perpetuity, the latter being the general rule.
The appointmentto theNathegoda Viharewas madelongbefore my
time, and I am only speaking from hearsay.
The Meddegamaappointment was made inmy time,afterI became
a member oftheChapter.TheChaptermadethe appointment, but
the act of appointment was signed by the Mahanayaka alone.
I donot know ofanycase wheretheMahanayaka alonemade an
appointment, which was subsequently acquiesced in by the Chapter. Hewould never think of doing such 4 thing, as he has no right.
IfSonuttarahad a pupil,Tissa, who disrobedhimself in Sonuttara’s
lifetime, but had the plaintiff as his pupil, the plaintiff would, in myopinion, succeed Sonuttara, even though he (plaintiff) had abandoned, thevihare and gone elsewhere in Sonuttara’s lifetime.
The right which he acquired by the fact of being robed cannot be lostto bim by being absent from the vihare.
F. B. Dus, D. J.
( 509 )
Sarananltara, affirmed:—I am the High Priest of Tops wewa, aged sixtyyears, and belong to the Asgiriya College.
I hare been a member of its Chapter of Priests for thirty-five years.
Apupil acquires therightsof succeedinghistutor by thefact of
being robed by him.
Apupil cannotsucceedhis tutor unless .he wasrobed by him, and
robing is essential to make a person a pupil for purposes of succession.
Ifa tutorhasseveralpupils, they all succeed him, bnt one of them
becomes chief. As a rule, the senior pupil, according to date of ordi-nation, will become the chief, but if he be deficient in point of learning,Ac., his juniormaybecomethe chief if so nominatedby the tutor before
his death, or he may be selected as chief by his brother pupils.
If a pupil is robed by one tutor, but presented for ordination byanother, he may become the pupil of the latter also, but he does notthereby lose his right to succeed his,first tutor.
If a pupil dies before his tutor, leaving a pupil of his own, thatpupil will succeed his tutor's tutor.
Ifa priest disrobes himself,he willlosehisown rights,but that
willnot affect the rightsof hispupils.Theywillsucceed ason their
tutor's death.
Ifa tutorhastwo ormore pupils, they will allsucceed their tutor,
but one of them will be chief, as already stated by me.
In illustration (1), on A’s death both B asd C succeed him.
In illustration (2), if B dies before his tutor, C will alone succeed A.
In illustration (3), the surviving pupil C will succeed his tutor, but E,the pupil of his deceased co-pupilB,will also succeed,buttake second
place.
Ifthe incumbentof avihareheldinsisyanusisyaparam-
parawa dieswithout a pupil, the right ofappointinghissuccessor is
vested- in die Chapter of Priests of the college to which it belongs.
Whensuch an appointmentismade,the successionto it will
depend on the nature of the appointment. It may be for life only,when the incumbency will revert _ to the Chapter again, or it may be inperpetuity, when a new line of pupillary succession will be started.
Examined.—If Sonuttara had a pupil, Tissa, who robed and adoptedthe plaintiff as his pupil, and Tissa disrobed himself in Sonuttara'slifetime, and the plaintiff deserted the vihare and migrated elsewhere,in spite of such desertion, the plaintiff will be entitled to succeedSonuttara.
The right acquired by robing cannot be lost by a person’s absence.
When anincumbency is vacant,itis filledup bytheChapter of
Priests, and not by the Mahanayaka. He cannot act by himself, buthe may do so at the joint request of the whole Chapter.
R. Dus, D. J.
Sri Sumana, affirmed:—I am the High Priest of Dambulla Vihare,and reside at the Asgiriya Temple. My age is sixty years, and I havebeen a priest for forty-two years. For the last thirty years. I havebeen a member of the Asgiriya Chapter.
A person acquires the right of – pupillary succession by the act ofrobing.
No one can succeed a tutor who did not robe him.
If a person has several pupils robed by him-, they all succeed him.The pupil who is senior in point of ordination will take first place, unlessotherwise ordered by the tutor in his lifetime.
If the pupil of one tutor becomes the pupil of another, he does notlose his right to succeed the former, unless he dispobed himself before hejoined the second tutor.
If a pupil dies before his tutor, and leaves a pupil of his own, thatpupil will succeed his tutor’s tutor in sisyanusisya paramparawa.
< 510 )
If a priest disrobes himself and leaves a pupil, the former mil loseall his rights asa priest,butthe rights of thepupilwill in no way be
affected thereby,eventhoughthedisrobexnent was in consequence of
immorality.
If a priesthastWoormore pupils, theywillsucceed jointly, but
one of them will be chief.
In illustration (1), B and G will succeed A jointly.
In illustration (2), C succeeds A.
In illustration (8), the surviving pupil C will be the chief incumbent,but B’s pupil E will be equally entitled to succeed, though occupying asubordinate position.
If the lineof pupillarysuccession is broken, theright to appoint
a successor is'in the Chapter of Priests of Malwatta of Asgiriya.
When such an appointment is made, the line of pupillary succession
is re-established,iftheappointment is madeinthose terms. Such
appointments are, however, rare. The usual rule is to appoint a priestfor life only.TheMahanayakacannot by himselfmake any such
appointment.
Examined.—I gaveevidencein the Halmillapitiyacase (No. 17,385).
That evidence was correct, and* I adhere to it. I then stated that theMahanayaka canacton hisowninitiative and makean appointment,
but he must report it to the Chapter, who will acquiesce in his appoint-ment.
Re-examined.—He has no right to make an appointment, but can onlysuggest it.
F. E. Dus, D. J.
It is 5 p.m. now, and the further hearing is adjourned for to-morrow.
F. E. Dus, D. J.
October 12, 1910.
Counsel present as yesterday.
Mr. van der Wall calls—
Sri Dharmarama, affirmed.:—I amthe HighPriest ofthe Colombo
. and Chilaw Districts, and Principal of the Pali College at Peliyagoda.I belong to the Malwatta monastery,andmyage is. fifty-seven years.
I have been in robes fifty years, andamwellacquaintedwith Buddhist
ecclesiastical law,and havefrequentlygivenexpertevidencein temple
cases before.
The rightofpupillarysuccessionis obtained in two ways, viz.,
by being robed,or by being presented for ordination. Inthe latter
case, the presenting prieBt must declare his intention before the Chapterto have the priest ordained as his successor.
A personnotrobed bythe priestwhopresentshim forordination
will become his successor, if such an intention be declared by him at theordination, either personally or by means of a letter.
If apriesthas several pupils,they will all succeedhim on his death.
. As a< rule, the priest in his lifetimeselectsthepupil whois to become
his chief successor.Ifthat benot done, the senior in dateof ordination
will become chief.If,however, he be unfit, or not learnedenough, all
the pupils will join in selecting their head.
If the pupil of one tutor become the pupil of another tutor, he will
have the righttosucceed hisfirst tutor, butonly incase hejoined the
second tutor with the consent and approval of the first. If a pupil wereto quarrelwithhis first tutor andleave him altogetherand joinanother
tutor, andneverreturn to his firsttutor, he will forfeithis rightsto the
latter.
(6) If the pupilofa tutor dies before his tutor, the pupil of the
deceased pupil will succeed that tutor if 'he continue obedient to himand owe him allegiance. It does not matter where he resides.
(6) If atutordisrobes himself forany cause, he losesall rightsjust as
if he were -dead,andthe succession will pass to his pupils.They will in
no way be affected by his disrobement.
( 611 )
If a tutor has two or more pupils, they all suceed him, and takeprecedence according to the dates of their ordination.
In illustration (1), both B and C will succeed A, but B will be the «biafif he be the first ordained.
In illustration (2), if B dies in A’s lifetime, C will succeed A.
In illustration (3), on A's death C will succeed him, but E will also doso and take second place after C.
Ifthe chainof succession in sisyanusiayaparamparawa is
broken, the vihare will revert to the whole community of priestB of thecollege to which it belongs.
If the vacant vihare be an important one, the appointment of anincumbent will be made by the Mahanayaka and his Chapter of Priests.
If the place be an unimportant one, the Mahanayaka will make theappointment by himself, and if it be a still smaller place, the High Priestof the district may make the appointment, with the approval of theother priests of the district.
When such a new appointment is made, the question, whether
pupillarysuccession would revive, dependson thetermsof the appoint-ment. Ifthe appointment is only made for life, thepupilofthe priest
so appointed will not succeed him; but the appointment may be madewith the right of pupillary succession, -in which case the chain will bestarted afresh.
Question.—If Sonuttara had a pupil, Tissa, who disrobed himselfduring Sonuttara’s lifetime, and left plaintiff as his pupil, and plaintiffdeserted Sonuttaraand the vihare and neverwent back,would the
plaintiff have the right to succeed Sonuttara?
Answer.—Thatwill depend on many circumstances.If heremained
in obedience to Sonuttara, and adopted noothertutor,andSonuttara
expressedno contrary intention, the plaintiffwouldhavetheright to
succeed evenifhe residedelsewhere,but with Sonnttara'sapproval.
When Tissa disrobed himself, the plaintiff would stand in his shoes, andhe ought to have remained under Sonuttara, just as Tissa should haveremained. If he did not remain unuder such allegiance, he would forfeitall rights.
I gave evidenceinthe Halmillapitiya case(No. 17,385).There, too,
I admitted the right of theMahanayakato appoint incumbentsto
small vihares.
Examined—I belongto the low-country, and never heldan incum-bency in the Kandyan Provinces.All priestsof the Siamesesectmust
belong to Malwatta orAsgiriyaColleges, and be ordainedthere.The
Mahanayakaaofthose twocolleges are the headsof theBuddhist
Church in Ceylon. Each of them is assisted by an advisory board orChapter of Priests. I am nota memberof our Chapter,butam
frequently called in as a referee.
Our booksonecclesiasticallaw werewritten morethan athousand
years ago. The conditions of lifethen weredifferent to whattheyare
now. Priests then werenot allmendicants.Many of themwerevery
wealthy.
Priests were brought over herefrom Siamabout 1753A.D.,in order
tp ordain the novices here.Alargenumberof vihares existedeven
at that time. The twocollegesand theirChapters startedafterthat
period.
There is no bookwhich definestherightsof the Mahanayakasor
their Chapters, but they are governed by customary rules.
A person may bethe pupil oftwotutors.One tutor may robe a
pupil, and afterwards entrust himto anotherpriest to educatehamand
have him ordained.Insuch a case the pupil isthe pupil ofboth tutors,,
and can succeed both of them.
It is purely, by a customarymlethata pupilinherits what histutor
possessed. The books are silent on the subject.
There'must be robingplus obediencetoentitlea pupil to succeedhie
tutor. The books donot state it inso, many words, but they statethat
( 513 )
a pupil most be obedient to h£s infer. Hence, if he is disobedient, it isinconsistent with his being a pupil in the Bnddhist sense.
If, in the case put, Sonuttara or Tissa had no other pupil, it may beproper that the plaintiff should succeed if he comes back to the vihare.
There are district High Priests in the Kandyan country also. I neverheard the contrary. I am the High Priest of two districts, and wagappointed by the Malwatta College.
Such apppointments may be made verbally or in writing, in accordancewith the importance of the place.
This is all based on custom.
Re-examined.—Members of the Chapter are elected by the Maha-nayaka alone. If when plaintiff returned to the vihare it was empty,he would have the right to occupy it, just as any other priest would!.He would not become entitled to it as the pupillary successor of Sonut*tara, unless he took possession immediately after Sonuttara’s death.
F. R. Dias, D. J.
M. Sri Gnanissara% affirmed:—I am the Vice-Principal of the Vidyo*daya Oriental College, Colombo. Myageis forty-sevenyears,and I
belong to the Malwatta fraternity. Iamwell acquainted withBuddhist
ecclesiastical law, and have givenexpert evidence intwoor three
cases before.
The right of pupillary successionisacquired by the actof robing
or ordination.
A pupil who has not been robed by a priest can become hissuccessor, if presented for ordination by that priest with that intention.
(8) All pupils succeed their tutor, but he will be chief incumbent whois senior in point of ordination, or the pupil who is most intelligent andeducated. This question is decided by the pupils themselves, unless anomination was made by the tutor before his death.
If a pupil leaves his tutor and joins another tutor, he will not losehis right to succeed his first tutor if he left with his approval andconsent.
If the pupil of a tutor dies before his tutor, that pupil’s pupil will succeed histutor’s tutor.
If apriestdisrobes himself, he forfeits allrights,buthis pupil will
in no way be affected by it. He will succeed as if his tutor were dead.
If a tutor has several pupils, they all succeed, as stated in answerNo. 8.
In illustration (1), B and G both succeed, but B will be chief if he isthe senior in ordination or in learning.
In illustration (2), G succeeds A.
In illustration (3), C will succeedA, andso will E,butE musttake
second place.
If the line of pupillary successionfails, the viharereverts to the
whole body of priests of the college to which it belongs, and a newincumbentwillbe appointed by the Mahanayaka andhis Chapter of
Priests. This is the rule, but in practice the rule is relaxed, and theMahanayaka alone makes the appointment, on the assumption that theChapter will be with him. He only acts in that way in cases wherethere is no likelihood of any. contest. If a contest does arise, theappointment willbe cancelled, and the matterleft inthehands of the
Chapter.
When such an appointment is made, it does not revive the line ^ of
pupillary succession. An incumbentcan be appointedonlyfor hislife;
As thevihare becomes sanghika whenthe lineorsuccession failB,
and belongs to the whole body of priests, my opinion is that the Maha-'nayaka and his Chapter cannot re-create a line of pupillary succession.
Question.—If Sonuttara had apupil,Tissa, whohada pupil,the
plaintiff,. and Tissa disrobed himself in the lifetime of Sonuttara, and theplaintiff . deserted the vihare and Sonuttara, would the plaintiff beentitled to succeed Sonuttara on his death?
( 613 )
Answer.—Yes, if the plaintiff contained to be a priest, and was in robes■when he went away. His leaving without Sonuttara's cwwpt cannotdeprive him of his rights* nor it is necessary that Sonutt&ra shouldproclaim his recognition of the plaintiff as Ids successor.
I do not agree with Pharmarama on this point.
I also do not admit that the Mahanayaka can make an appointmentto even a small vihare by himself, but in practice he does so, on theassumption that the Chapter will not go against him. I do not knowof any instance where such an appointment has been questioned.
I gave evidence on behalf of the plaintiff in the Halmillapitiya case.
Examined.—I belong to the low-country, and held no incumbency inSandy. I am ot a member of the Chanter of Priests. My evidenceabout appointments being made by the Mahan&yaka is only based onhearsay.
A person may be the pupil of two tutors, viz., of the tutor who robeshim and of the tutor who gets him ordained. He can succeed to bothincumbencies.
Re-examined.—He will * succeed his first tutor even though he left himagainst his will.
B. Pus, P. J.
Further hearing is adjourned for to-morrow.
F. B. Pus, P. J.
October 18, 1910.
Counsel present as before.
Mr. van der Wall calls—
Wataraka Ratanajoti,affirmed:—IamtheAnunayakaofthe Mai-
watta Vihare, and have been jbo (for thirty-one > years. My age iseighty-five years,and I have been afullyordainedpriest forsixty-fo*
years. Ihave been for forty-fiveyearsamember oftheM&lwatv*
Chapterof Priests.I am fullyconversant withtheBuddhist
ecclesiastical law relating to pupillary succession.
The right of pupillary succession is obtained by being robed orpresented for ordinationby a tutor.The presentation for ordination
is alonesufficient forthe purpose.
Yes, a pupil will succeed his tutor if ordained by him, though notrobed by him.
If ta tutorhas several pupils, they allsucceedhim, butthe eldest
or the cleverestbecomesthe chief.Asa rule,the tutor nominateshis
chief successor, butifthatisnot done,thepupilsthemselves select
their chief.
If the pupil of one tutor becomes the pupil of another, he does notlose his right to succeed his first tutor, unless he deserted him withouthis consent.
– (5) If thepupil ofatutordiebefore thetutor,thatpupil’s pupil will
succeed histutor’stutor ifhecontinue inthevihareowing allegiance
to him.
If a tutordisrobes himself forany cause, hebecomesalayman,
andloses all rightsasa priest.Thisdisrobingin no way affectsthe
rights of his pupil, who will at once succeed him, as if he had died.
If atutorhastwo or more pupils, they allsucceedhim, but the
senior inpoint< ofordination will become chief incumbent. If, how-ever, he bedeficientinlearningor in anyotherrespect,the pupils will
elect theirchiefamongst themselves, unless their tutorhadexpressly
nominated his chief successor.
In illustration(1),on A’s death both B and Csucceed.
Inillustration.(2),if B dies before histutor, his co-pupil G will succeed,,
provided he continued as A’s pupil.
Inillustration(3),thesurvivingpupilG mustsucceed A, and Ewill
also succeed, butoccupy second place.
I 04 J
If pupillary succession fails to a vihare dedicated is tttyanu-
lisya paramparawa, theviharebecomes tanghilto,orthecommon
property of the whole priesthood.The right to make a new appoint-
ment vests in the Mahanayaka and Chapter of Priests of Malwatto orAsgiriya, as the case maybe, except in the caseofverysmallvihares,
where the Mahanayaka acts by himself.
When such an appointment .is made, a sew line of pupillarysuccession will be established, if the appointment was made on suchterms, but not otherwise.
Those ordinations will confer the right of pupillage if it be declared atthe time of ordination by the priest who makes the presentation thathe intended that person tobe hiesuccessor.
If a tutor hasa pupilwho disrobeshimself inhis tutor's lifetime,but
leaves a pupil ofhis own, that pupilwill succeed the original tntor,bnt
only if he continue in thevihareowing allegiancetohim.If he deserts
the vihare. and the original tutor leaves no other pupil, the vihare willbecome langhika.
I can give instances where the Mahanayaka has by himself madeappointments to vacant incumbencies, viz., Wehigala Vihare, Halmilla-pTtiya Vihare in the Matale District, and Kandugama Vihare in theFour Korales. The Chapter was not consulted before those appoint-ments were made, but they were notified of the fact afterwards. I donot know of single case where such an appointment has been questionedby the Chapter.
Examined.—They have the right to question it if they disapprove ofit. When a vacancy occurs, it sometimes happens that there are severalcandidates, but when theMahanayakamakes achoice,, the Chapterwill
not think of going against him. In the case of a vacancy in an import-ant vihare, applications may be made in writing to the Mahanayakaand his Chapter. The Chapter represents the whole priesthood.
If a pupil does not remain in a vihare and assist his deceased tutor’stutor, he cannotsucceedhim. It isnot rightthat he should. Ifthe
vihare was. deserted, and that pupil came back and got in, he cannot beturned out. That is because the vihare had become langhika, andhe as a priest can remain there. But he cannot become the incumbentof it if he has no appointment.
If a pupil leaves a vihare without any intention of returning to it, hewould lose his rights altogether, even though he be the sole pupil of histutor.
Re-exi’.mined.—It is an elementary rule that a pupil must' remainpermanently with his tutor if he is. to obtain pupillary rights.
In remote districts new appointments to vacant incumbencies aremade by the local Hayaka TJnnanse, without any reference to Malwattaof Asgiriya.
F. R. Dus, D. J.
The record will now be returned to the Supreme Court.
R. Dus, D. J.
H. C. Cottle, Government Printer, Colombo, Ceylon.
