| 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.
 
 |