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