of Nueva Espana or in any other of his ports.
It is understood, however, that, when such 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 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 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 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 Castilla, or any others
by his command, consent, favor, or aid. It is