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 understood that these penalties shall apply from the day when the
subjects and people of the said Emperor now in and navigating those
seas and regions shall be notified. Before such notification they
shall not incur said penalties. It is to be understood, however, that
the aforesaid refers to the people of the fleets of the said Emperor,
which have until now gone to those parts and that no others be sent
without incurring said penalties from the day of the signing of this
contract, and henceforth during the time that the said sale be not
canceled in the aforesaid manner.
_Item_: It was covenanted and agreed by the said deputies that the
said King of Portugal shall not build nor order built for himself,
or any other, any new fortress whatever in Maluco, nor within twenty
leagues of it, nor any nearer Maluco than the line which is to be
drawn according to this contract. It is covenanted unanimously by the
said deputies of both sides that this provision shall take effect,
namely, from the time that the said King of Portugal can send there
a notification to make no new fortress whatever; that is to say, in
the first fleet which shall sail for India from the said kingdom of
Portugal, after this contract shall have been confirmed and approved
by the said constituents, and sealed with their seals. There shall be
no new work whatsoever undertaken on the fortress which is already
built at Maluquo, 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.
_Item_: It was covenanted and agreed that the fleets, which heretofore
have been despatched to those regions by the said emperor and king of
Castilla, 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
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