Page:European treaties bearing on the history of the United States and its dependencies.djvu/200

190 have been found. The said emperor and kings shall be obliged to give notification to this effect henceforth throughout all their kingdoms and seigniories so that these instructions may be complied with and no one may plead ignorance of them. The said spices or drugs having been taken to any ports or lands that do not belong to either one of the said sovereigns, provided they are not those of enemies, either one of them by virtue of this contract may require, in the name of both, and without showing any further provision or power of the other to the justice of the kingdoms and seigniories where said drugs or spices beppen to be, or to have been found, and they may order them to be deposited, and they shall be deposited. In whatsoever ports said drugs or spices are thus found they will be under embargo and deposited by both until it is known from whose demarcation they were taken. In order to ascertain if the places and lands from which the said spices or drugs are taken and brought fall within the demarcation and limits which by this contract remain to the said King of Castile, and if they contain the said spices or drugs, the said emperor and kings shall despatch two or four ships, an equal number being sent by both. In these an equal number of persons from both sides, sworn to fulfill their obligation, shall sail to those places and lands whence the said spices or drugs were said to have been taken and brought, in order to ascertain and determine within whose demarcation are situated the said lands and places whence the said spices or drugs are said to have been brought. Should it be found that said places and lands are within the demarcation of the said Emperor and King of Castile, that the said spices and drugs exist there in such quantity that they could reasonably be carried away, then the said deposit shall be given up and freely delivered to the said Emperor and King of Castile without his being obliged to pay any costs, expenses, interests, or any other thing. If, on the other hand, it be discovered that said drugs or spices were taken from the districts and lands belonging to the said King of Portugal, the said deposit shall be ceded and delivered in like manner to the said King of Portugal without his being obliged to pay any costs, expenses, interests, nor anything whatsoever. The persons who thus imported said drugs or spices shall be penalized and punished by the said Emperor and King of Castile or by his justices, as violators of peace and faith, according to law. Each one of the aforesaid, the emperor and king of Castile and the king of Portugal, shall be obliged to send as many ships and persons as may be required by the other. As soon as the said spices or drugs shall be deposited and placed under embargo in the manner aforesaid, neither the said Emperor and King of Custile, nor his agents, nor anyone with his favor or consent, shall go or send to the said land or lands whence were taken the said drugs or spices in this manner. All that is set forth in this section about the deposit of the spices or drugs shall not be understood to refer to the spices or drugs which may come to any places whatsoever for the said King of Portugal.

5. Item, it is covenanted and agreed that, in all the islands, lands, and seas within the said line, the vessels and people of the said Emperor and King of Castile, or of his subjects, vassals, or natives of his kingdom, or any others (although these latter be not his subjects, vassals, or natives of his kingdoms), shall not, with or without his command, consent, favor, and aid, enter, navigate, barter, traffic, or take on board anything whatsoever that may be in said islands, lands, or seas. Whosoever shall henceforth violate any of the aforesaid provisions, or who shall be found within said line,