APPENDIX 1
THE TREATY OF PEACE AND FRIENDSHIP BETWEEN
GREAT BRITAIN AND
SPAIN, SIGNED AT UTRECHT, 2/13 JULY, 1713:
EXTRACT: ARTICLE X
(TRANSLATED FROM THE LATIN)
X. The Catholic King does hereby, for Himself, His
heirs and successors, yield to the Crown of Great Britain the
full and intire 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 kinds of goods, the Catholic King wills, and takes
it to be understood, that the abovenamed 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 abovesaid,
be hindred by an inland communication, 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 situate 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 same shall always be given to the Crown of Spain before any
others.
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