and brought, fall within the demarcation and limits
which by this contract remain to the said King of
Castilla, 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 fulfil their obligation, will 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 Castilla,
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 Castilla,
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 Castilla
or by his justices, as violators of peace and faith,
according to law. Each one of the aforesaid, the
emperor and king of Castilla 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 Castilla, nor his agents,
nor any one 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.
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 Castilla 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, 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.