Page:European treaties bearing on the history of the United States and its dependencies.djvu/202

192 quite evident, if it shall be proved that they have entered the line maliciously, they shall be punished and dealt with as those who shall enter the line as aforesaid and as is set forth in this contract. Should the aforesaid discover any islands or lands while navigating within the said line, such islands or lands shall belong freely and actually to the said King of Portugal and his successors, as if they were discovered, found, and taken possession of by his own captains and vassals at such time. It is covenanted and agreed by said deputies that the ships and vessels of the said Emperor and King of Castile and those of his subjects, vassals, and the natives of his kingdoms tray navigate and pass through the seas of the said King of Portugal, whence his fleets sail for India, only as much as may be necessary to take a due course toward the Strait of Magellan. And if they violate the abovesaid and sail farther over the said seas of the said King of Portugal than is mentioned above, both the said Emperor and King of Castile, if it is proved that they did it by his order, countenance, aid, or consent, and those sailing in this manner and violating the abovesaid, shall incur the above penalties in the completeness set forth above in this contract.

7. Item, it was covenanted and agreed that if any of the subjects of the said Emperor and King of Castile or any others shall henceforth be seized and found within the said limite above declared, they shall be imprisoned by any captain, captains, or subjects whatsoever of the said King of Portugal and shall be tried, chastised, and punished as privateers, violators, and disturbers of the peace by the said captains. Should they not be discovered within the said line, and should afterwards come to any port whatever of the said Emperor and King of Castile, his Majesty and his justices shall be obliged to seize and imprison them until the warrants and testimonies sent by the said King of Portugal, or his justices, shall have been presented. If proved guilty of the aforesaid offenses they shall be punished and chastised to the limit as evil-doers and violators of the faith and peace, and of everything else set forth in this contract in regard to the crossing of said line by any subjects of the said Emperor and King of Castile, or any others by his command, consent, favor, or aid. It is understood that those penalties shall apply from the day when the subjects and people of the said emperor now in and navigating those seas and regions shall be notified. Before such notification they shall not incur said penalties. It is to be understood, however, that the aforesaid refers to the people of the fleets of the said emperor which have until now gone to those parts, and that no others be sent without incurring said penalties from the day of the signing of this contract, and henceforth during the time that the said sale be not cancelled in the aforesaid manner.

8. Item, it was covenanted and agreed by the said deputies that the said King of Portugal shall not build nor order built for himself, or any other, any new fortress whatever in Molucca, nor within twenty leagues of it, nor any nearer Molucca than the line which is to be drawn according to this contract. It is covenanted unanimously by the said deputies of both sides that this provision shall take effect, namely, from the time that the said King of Portugal can send there a notification to make no new fortress whatever, that is to say, in the first fleet which shall sail for India from the said kingdom of Portugal after this contract shall here been confirmed and approved by the said constituents and sealed with their seals. There shall be no new work whatsoever undertaken on the fortress which is already built at Molucca,