Page:The Philippine Islands, 1493-1803 (Volume 01).djvu/238

 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 Castilla and those of his subjects, vassals, and the natives of his kingdoms, may 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 Magalhanes. 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 Castilla, 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.

Item: It was covenanted and agreed that if any of the subjects of the said emperor and king of Castilla or any others shall henceforth be seized and found within the said limits 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 Castilla, 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