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. Should they not be found inside of said line by the said captains or people of the said King of Portugal and should come to any port, land, or seigniory whatsoever of the said emperor and king of Castilla, the said emperor and king of Castilla, by his justices in that place, shall be obliged and bound to take and hold them. In the meantime the warrants and examinations proving their guilt in each of the abovesaid things, shall be sent by the said King of Portugal, or by his justices, and they shall be punished and chastised exactly as evil-doers and violators of the peace and faith.
Item: It is covenanted and agreed by said deputies that the said emperor and king of Castilla shall not, personally or through an agent, send the natives of his kingdoms, his vassals, subjects, or aliens (and although these latter be not natives of his kingdoms, or his vassals or subjects), to the said islands, lands, and seas within said line, nor shall he consent nor give them aid or favor or permit them to go there, contrary to the form and determination of this contract. Rather he shall be obliged to forbid, suppress, and prevent it as much as possible. Should the said emperor and king of Castilla, personally or through an agent, send natives of his kingdoms, or his vassals, subjects or aliens (although these latter be not natives of his kingdoms, or his vassals or subjects), to the said islands, lands, or seas within the said line or consent to such a thing, giving them aid, or favor, or permitting them to go contrary to the form and determination of this contract; and should he not forbid, suppress, or prevent it, as much as possible, the said agreement of retro vedendo becomes null and void; and the said King of Portugal shall no longer be obliged to receive the said sum, nor to sell back the rights and dominion which the said emperor and king of Castilla might have therein in any manner whatsoever, but which he has sold, renounced and delivered to the said King of Portugal by virtue of this contract, by this very act, the said sale shall remain complete and valid forever, as if at first it were made without condition and agreement to sell back. However, since it may happen that, when the aforesaid subjects, natives, or vassals of the said emperor and king of Castilla navigating as aforesaid in the southern seas, should meet with winds so tempestuous or contrary that they would be constrained by necessity to continue their course and navigation within the said line, they shall in such case incur no penalty whatever. On the contrary, when, in such circumstances, they shall come to and anchor at any land included within the said line, pertaining by virtue of this contract to the said King of Portugal, they shall be treated by his subjects, vassals, and inhabitants of said land as the vassals of his brother, as in the same manner the emperor and king of Castilla would command the Portuguese subjects to be treated who should in like manner arrive at ports in his lands of Nueva España 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 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, restore, make good and pay immediately all such damages suffered by the said emperor and king of Castilla, and his subjects and fleets; he shall order the offenders to be punished and chastised and he shall allow the fleets and people of the said emperor and king of Castilla to come and go as they please, freely without any obstacle whatever.
Item: It is covenanted that the said emperor and king of Castilla command letters and instructions to be given immediately to his captains and subjects who are in the said islands that they do no more trading henceforth and return at once, provided that they be allowed to bring freely whatever goods they shall have already bartered, traded, and taken on board.
Item: It is covenanted, agreed, and provided that in the instructions and letters relating to this covenant and contract, which are to be given and despatched by the said emperor and king of Castilla, it shall declare that this statement, instruction, and contract as above made is as binding as though it were made and passed in the general courts, with the express consent of the attorneys thereof; and to make it valid by his royal and absolute power, which, as king and natural lord, recognizing no temporal superior, he may exercise and shall exercise, abrogate, abolish, repeal, and annul the supplication made by the attorneys of the cities and towns of these kingdoms at the court held in the city of Toledo, in the past year, five hundred and twenty-five, concerning the trade of the said islands and lands, the reply given to it, and any law that was made on this subject in the said courts or in any others that may conflict with this.
Item: It is hereby covenanted that the said King of Portugal promises to command manifest, sincere, and summary justice to be executed, because certain subjects of the said emperor and king of Castilla and other aliens of his kingdoms who entered his service complain that their possessions have been seized by his House of Trade in India and in his kingdoms, without any respect to the annoyance caused them thereby, because they have entered the service and did serve the said Emperor.
Item: It was covenanted and agreed by the said deputies in the names of their said constituents that the treaties negotiated between the said Catholic sovereigns, Don Fernando and Doña Ysabel and the King Dom Joam the Second of Portugal in regard to the demarcation of the Ocean Sea shall remain valid and binding in toto and in every particular, as is therein contained and declared, excepting those things which are otherwise covenanted and agreed upon in this contract In case the said emperor and king of Castilla returns the sum which according to this contract is to be given in the manner aforesaid, thus canceling the sale, the said treaties negotiated between the said Catholic sovereigns Don Fernando and Doña Ysabel and the said King Dom Joam the Second of Portugal, shall remain in full force and power, as if this contract were not made; and the said constituents shall be obliged to comply with it in every respect, as is therein stated.
Item: It is covenanted and agreed by the said attorneys that although the rights and dominion which the said emperor and king of Castilla claims to possess in the said lands, districts, seas, and islands and which he sells to the said King of Portugal in the manner abovesaid are worth more than half of the just price given, and the said emperor and king of Castilla has certain definite knowledge through exact information of persons who are experts on the subject, and who have investigated and ascertained definitely, that said rights are of much greater value and worth, more than half of the just price that the said King of Portugal gives to the said emperor and king of Castilla he is pleased to make him a gift of it, as he does in fact, which from the said day henceforth shall be valid between the living, of the said excess in value above the half of the just price, however great that excess may be. This excess in value above the half of the just price, the said emperor and king of Castilla relinquishes for himself and his successors, and disunites the same from the royal crown of his kingdoms forever, and delivers it entire to the said King of Portugal, to him and to his successors and crown of his kingdoms, really and effectually, in the aforesaid manner, and during the time of this contract.