Page:European treaties bearing on the history of the United States and its dependencies.djvu/201

Rh shall be seized by any captain, captains, or people of the said King of Portugal, and shall be tried, chastised, and punished by the said captains as privateers and violators of the peace. Should they not be found inside of said line by the said captains or people of the said King of Portugal and should come to any port, land, or seigniory whatsoever of the said Emperor and King of Castile, the said Emperor and King of Castile, by his justices in that place, shall be obliged and bound to take and hold them. In the meantime the warrants and examinations proving their guilt in each of the aforesaid things shall be sent by the said King of Portugal, or by his justices, and they shall be punished and chastised exactly as evil-doers and violators of the peace and faith.

6. Item, it is covenanted and agreed by said deputies that the said Emperor and King of Castile shall not personally, or through an agent, send the natives of his kingdoms, his vassals, subjects, or aliens (and although these latter be not natives of his kingdoms, or his vassals or subjects), to the said islands, lands, and seas within said line, nor shall he consent nor give them aid or favor or permit them to go there contrary to the form and determination of this contract. Rather he shall be obliged to forbid, suppress, and prevent it as much as possible. Should the said Emperor and King of Castile, personally or through an agent, send natives of his kingdoms, or his vassals, subjects, or aliens (although these latter be not natives of his kingdoms, or his vassals or subjects), to the said islands, lands, or seas within the said line, or consent to such a thing, giving them aid or favor or permitting them to go contrary to the form and determination of this contract; and should be not forbid, suppress, or prevent it as much as possible, the said agreement of retrovendendo becomes null and void; and the said King of Portugal shall no longer be obliged to receive the said sum, nor to sell back the rights and dominion which the said Emperor and King of Castile might have therein, in any manner whatsoever, but which he has sold, renounced, and delivered to the said King of Portugal by virtue of this contract, and by this very act the said sale shall remain complete and valid forever, as if at first it were made without condition and agreement to sell back. However, since it may happen that, when the aforesaid subjects, natives, or vassals of the said Emperor and King of Castile, navigating as aforesaid in the southern seas, should meet with winds so tempestuous or contrary that they would be constrained by necessity to continue their course and navigation within the said line, they shall in such case incur no penalty whatever. On the contrary, when, in such circumstances, they shall come to and anchor at any land included within the said line, pertaining by virtue of this contract to the said King of Portugal, they shall be treated by his subjects, vassals, and inhabitants of said land as the vassals of his brother, as in the same manner the Emperor and King of Castile would command the Portuguese subjects to be treated who should in like manner arrive at ports in his lands of New Spain or in any other of his ports. It is understood, however, that when each necessity ceases they shall immediately set sail and return to their part of the southern seas. Should the aforesaid subjects cross said line through ignorance, it is herein covenanted and agreed that they shall incur on that account no penalty whatsoever, and as long as it is not fully evident that they know themselves to be within the said line, they shall not turn about and go outside of it as is covenanted and agreed in case of entering on account of tempestuous and contrary winds or necessity. But, when such a fact is