ARTICLE X OF THE TREATY OF UTRECHT
13 JULY 1713 |
The Catholic King does hereby, for himself, his heirs and
successors, yield to the Crown of Great Britain the full and
entire propriety of the town and castle of Gibraltar, together
with the port, fortifications, and forts thereunto belonging; and
he gives up the said propriety to be held and enjoyed absolutely
with all manner of right for ever, without any exception or
impediment whatsoever.
But that abuses and frauds may be avoided
by importing any kind of goods, the Catholic King wills, and
takes it to be understood, that the above-named propriety be
yielded to Great Britain without any territorial jurisdiction and
without any open communication by land with the country round
about.
Yet whereas the communication by sea with the coast of
Spain may not at all times be safe or open, and thereby it may
happen that the garrison and other inhabitants of Gibraltar may
be brought to great straits; and as it is the intention of the
Catholic King, only that fraudulent importations of goods should,
as is above said, be hindered by an inland communications. it is
therefore provided that in such cases it may be lawful to
purchase, for ready money, in the neighbouring territories of
Spain, provisions and other things necessary for the use of the
garrison, the inhabitants, and the ships which lie in the
harbour.
But if any goods be found imported by Gibraltar, either
by way of barter for purchasing provisions, or under any other
pretence, the same shall be confiscated, and complaint being made
thereof, those persons who have acted contrary to the faith of
this treaty, shall be severely punished.
And Her Britannic
Majesty, at the request of the Catholic King, does consent and
agree, that no leave shall be given under any pretence
whatsoever, either to Jews or Moors, to reside or have their
dwellings in the said town of Gibraltar; and that no refuge or
shelter shall be allowed to any Moorish ships of war in the
harbour of the said town, whereby the communication between Spain
and Ceuta may be obstructed, or the coasts of Spain be infested
by the excursions of the Moors.
But whereas treaties of
friendship and a liberty and intercourse of commerce are between
the British and certain territories situated on the coast of
Africa, it is always to be understood, that the British subjects
cannot refuse the Moors and their ships entry into the port of
Gibraltar purely upon the account of merchandising. Her Majesty
the Queen of Great Britain does further promise, that the free
exercise of their religion shall be indulged to the Roman
Catholic inhabitants of the aforesaid town.
And in case it shall
hereafter seem meet to the Crown of Great Britain to grant , sell
or by any means to alienate therefrom the propriety of the said
town of Gibraltar, it is hereby agreed and concluded that the
preference of having the sale shall always be given to the Crown
of Spain before any others.
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