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Peace Treaties of Westphalia (October 14/24, 1648)*

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§74. [Permanent Transfer of Alsatian Lands to the French Kingdom.] Likewise, the said landgraviates of both Alsace and Sundgau and also the Imperial protectorate over the ten [Imperial] cities (47) nominated, and their dependencies as well, all the vassals, subjects, people, towns, boroughs, castles, houses, fortresses, woods, coppices, gold, silver, and other mineral mines, rivers, brooks, pastures, and all the rights, regalia, and appurtenances, without any reserve, shall belong to the Most Christian King and the crown of France and shall be forever incorporated with the kingdom of France with all manner of jurisdiction and sovereignty, without any contradiction from the emperor, the Empire, the House of Austria, or any other. [ . . . ]

§75. [Protection of the Catholic Religion in Alsace.] The Most Christian King shall, nevertheless, be obliged to preserve in each and every one of these districts the Catholic religion as maintained under the princes of Austria and to abolish all innovations that crept in during the war.

§76. [Castle Philippsburg.] (48) Fourth, by the consent of the emperor and the whole Empire, the Most Christian King and his successors shall have perpetual right to keep a garrison in the castle of Philippsburg but limited to such a number of soldiers that they do not give their neighbors a well-founded cause for suspicion, and [this garrison] shall be maintained exclusively at the expense of the crown of France. The passage also shall be open by land and water into the Empire for the king to send soldiers, convoys, and bring necessary things there whenever and as often as it is necessary. [ . . . ]

§85. [Restoration of Towns and Lands to Austria.] The Most Christian King shall restore to the House of Austria and particularly to Archduke Ferdinand Charles, (49) eldest son of Archduke Leopold, the four forest-towns, namely, Rheinfelden, Säckingen, Laufenburg, and Waldshut, with all their territories and bailiwicks, houses, villages, mills, woods, forests, vassals, subjects, and all appurtenances on this or other side the Rhine. (50) The same is true of the county of Hauenstein, the Black Forest, Upper and Lower Breisgau, and the towns situated there, appertaining by ancient right to the House of Austria, namely, Neuburg, Freiburg, Endingen, Kenzingen, Waldkirch, Villingen, Bräunlingen, [ . . . ] and all other things [ . . . ] belonging to the sovereign right of territory in this district and to the patrimony of the House of Austria. And the same applies also to all of the Ortenau, (51) together with the Imperial cities of Offenburg, Gengenbach, and Zell am Harmersbach, in so far as the said lordships depend on that of Ortenau, so that no king of France can or ought ever to claim or usurp any right or power over the said districts situated on this and the other side the Rhine. Conversely, the princes of Austria shall acquire no new right through this present restitution.

The commerce and transportation shall be free to the inhabitants on both sides of the Rhine and the adjacent provinces. Above all, the navigation of the Rhine shall be free, and none of the parties shall be permitted to hinder boats going up or coming down, detain, stop, or molest them under any pretence whatsoever (except the inspection and search which is usually done to merchandise). And it shall not be permitted to impose upon the Rhine new and unusual tolls, customs, taxes, imposts, and other like exactions. [ . . . ]

(47) These are the ten Alsatian free cities named in the previous paragraph. Breisach, which was not free, lies on the east bank of the Rhine.
(48) Philippsburg, until 1632 named Udenheim, lies on the Rhine’s right bank north of Karlsruhe. Like Breisach (§73), it was retained by the king of France.
(49) See note 32.
(50) These are the four Austrian Waldstätte, now divided between Germany and Switzerland.
(51) The Ortenau is a district on the Rhine’s right bank between Freiburg im Breisgau and Karlsruhe and directly opposite Strasbourg. Its principal town is Offenburg.

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