Note 17 — Chapter III

The triennial of our father Fray Jerónimo de León passed with some disturbances, which did not fail to cause considerable disquiet in the minds of the religious, and disturb the peace of the order. The reason was, that after the first year of his term, he began to doubt whether he was lawfully elected, as it seemed to him that the real provincial was father Fray Francisco de Medina Basco; and indeed this was the case, as affirmed by our very reverend father general, Fray Nicolas de Oliva, of Sienna. Father Fray Francisco de Medina Basco had met a holy death in Zebú; and therefore our father Fray Dionisio Suárez, as provincial of the preceding chapter, began to govern [the province] as rector-provincial. Then Fray Jerónimo de León had recourse to the royal Audiencia17 on a plea of fuerza, alleging this spoliation. And inasmuch as such proceeding acts as a stay, since it is a principle in law that Spoliatus debet ante omnia restitui, omni alio casu postposito,18 they ordered that the government be restored to Fray Jerónimo, and that the question of title should be acted on later. But as judicial procedure is so slow, and of such bounds that they usually make a lawsuit eternal, our father Fray Dionisio Suárez was not inclined to secure his right at the cost of so much vexation; and therefore the triennial was completed in great peace; for father Fray Jerónimo de León was a religious very affable and worthy of being loved, and he deserved that his election should not be hampered by so notable a defect.