Page:European treaties bearing on the history of the United States and its dependencies.djvu/199

Rh Portugal must have said chart, and in case the aforesaid be not found in the House of Trade of Seville, the said persons appointed by the said sovereigns shall make said charts within one month, signed and sealed as aforesaid. Furthermore navigation charts shall be made by them, in which the said line shall be drawn in the manner aforesaid, so that henceforth the said vassals, natives, and subjects of the said Emperor and King of Castile shall navigate by them; and so that the navigators of either part shall be certain of the location of the said line and of the aforesaid distance of the two hundred and ninety-seven and one-half leagues between the said line and Molucca.

3. It is covenanted and agreed by the said deputies that, whenever the said King of Portugal shall wish to prove his right to the proprietorship of Molucca, and the lands and seas specified in this contract, and although at that time the said Emperor and King of Castile shall not have returned the price abovesaid, nor the said contract be cancelled, it shall be done in the following manner, namely, each one of the said sovereigns shall appoint three astrologers and three pilots or three mariners, who are experts in navigation, who shall assemble at a place on the frontier between the kingdoms, where it shall be agreed that they assemble, within four months of the time when the Emperor and King of Castile, or his successors, shall be notified by the said King of Portugal to appoint a day. There they shall consult, covenant, and agree upon the manner of ascertaining the right of said proprietorship conformable to said treaty and contract made between the said Catholic sovereigns, Don Ferdinand and Doña Isabella, and the said king. Dom John II., of Portugal. In case the said Emperor and King of Castile be judged to have the right of said proprietorship, such sentence shall not be executed nor used until the said Emperor and King of Castile, or his successors, shall first have actually returned all the said three hundred and fifty thousand ducats, which by virtue of this contract shall have been given. If the right of proprietorship be conceded to the said King of Portugal, the said Emperor and King of Castile, or his successors, shall be obliged actually to return the said three hundred and fifty thousand ducats to the said King of Portugal, or his successors, within the first four years ensuing after the date of such sentence.

4. Item, it was covenanted and agreed by said deputies, in the names of their said constituents, that, since this contract of sale shall be valid and hold good henceforth from date, if any spices or drugs of any sort whatever be brought to any ports or parts of the kingdoms and seigniories of either of the said constituents, in charge of the vassals, subjects, or natives of the kingdoms of the said Emperor and King of Castile, or by any other persons whomsoever who may not be vassals, subjects, or natives of said kingdoms, then the said Emperor and King of Castile in his kingdoms and seigniories, and the said King of Portugal in his, shall be obliged to order and cause, and they shall order and cause, the said spices or drugs to be deposited securely, without him to whose kingdom they have been brought being so notified to do so by the other side; but they shall be deposited in the name of both, in the power of the person or persons whom each one of the said sovereigns shall have ordered to take charge of said deposit in his lands and seigniories. The said sovereigns shall be obliged to order and cause such deposit to be made in the manner abovesaid, whether the said spices or drugs are found in the possession of those who brought them, or in the power of any other person or persons, in whatsoever regions or districts they shall