Page:European treaties bearing on the history of the United States and its dependencies.djvu/203

Rh from the said time henceforth; it shall only be repaired and kept in the same condition in which it may be at the aforesaid time, if the said King of Portugal so desires; to the above he shall swear and promise full compliance.

9. Item, it was covenanted and agreed that the fleets which heretofore have been despatched to those regions by the said Emperor and King of Castile be well treated in every way by the said King of Portugal and his people; and that no embargo or obstacle to their navigation or traffic be imposed upon them. If there should be any damage, which is not looked for however, which they shall have received or shall receive from his captains or people, or shall anything have been seized from them, the said King of Portugal shall be obliged to give satisfaction, restore, make good and pay immediately all such damages suffered by the said Emperor and King of Castile and his subjects and fleets; he shall order the offenders to be punished and chastised, and he shall allow the fleets and people of the said Emperor and King of Castile to come and go as they please, freely, without any obstacle whatever.

10. Item, it is covenanted that the said Emperor and King of Castile command letters and instructions to be given immediately to his captains and subjects who are in the said islands that they do no more trading henceforth and return at once, provided that they be allowed to bring freely whatever goods they shall have already bartered, traded, and taken on board.

11. Item, it is covenanted and agreed that in the instructions and letters relating to this covenant and contract, which are to be given and despatched by the said Emperor and King of Castile, it shall declare that this statement, instruction, and contract as above made is as binding as though it were made and passed in the General Cortes. with the express consent of the deputies thereof; and to make it valid by his royal and absolute power, which, as king and natural lord, recognizing no temporal superior, he may exercise and shall exercise, abrogate, abolish, repeal, and annul the supplication made by the deputies of the cities and towns of these kingdoms at the cortes held in the city of Toledo in the past year, [one thousand] five hundred and twenty-five, concerning the trade of the said islands and lands, the reply given to it, and any law that was made on this subject in the said cortes or in any others that may conflict with this.

12. Item, it is hereby covenanted that the said King of Portugal promises to command manifest, sincere, and summary justice to be executed, because certain subjects of the said Emperor and King of Castile and other aliens of his kingdoms who entered his service complain that their possessions have been seized by the former's India House of Trade and in his kingdoms, without any regard to the annoyance caused them thereby, because they have entered the service and did serve the said emperor.

13. Item, it was covenanted and agreed by the said deputies in the names of their said constituents that the treaties negotiated between the said Catholic sovereigns, Don Ferdinand and Doña Isabella and the King Dom John II., of Portugal, in regard to the demarcation of the ocean sea, shall remain valid and binding in toto and in every particular, as is therein contained and declared, excepting those things which are otherwise covenanted and agreed upon in this contract. In case the said Emperor and King of Castile returns