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ARTICLE X OF THE TREATY OF UTRECHT
13th 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 there from
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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