Terms of surrender of the Spanish authorities of Gibraltar in 1704
Terms of surrender as signed by the Governor of Gibraltar, Diego de Salinas, on behalf of the City Council
The officers and soldiers shall be allowed to march out with their baggage, and soldiers may take what they can carry with them: the officers, the magistrates, and gentlemen are allowed to take their horses: and for those without baggage who choose to depart by water vessels shall be provided.
Three pieces of brass cannon of different sizes may be carried away, together with twelve rounds of ammunition for each gun.
A supply of bread, meat, and wine for six days march shall be provided.
The trunks containing the baggage of officers, magistrates, and gentlemen, shall not be examined. The garrison shall march out within three days: the effects that cannot in that time be removed shall remain in the place to be sent for when convenient, and no obstruction shall be given to carts conveying them.
To the inhabitants, soldiers, and officers who may choose to remain in Gibraltar, shall be conceded the same privileges they had in the time of Charles II; the religion and all tribunals shall remain intact and without alteration, it being understood that the oath of fidelity to HM Charles III as legitimate Lord and King, is to be taken.
All magazines of powder and of implements of war are to be pointed out —all useless arms, and all provisions that exist in the city.
From this capitulation the French and all subjects of His Catholic Majesty are excluded. They shall remain prisoners of war, and all their property will be at the disposal of the conquerors.
George, Landgrave of Hesse