The two rival pretenders to the duchies were to halve the territory, drawing lots for the first choice, all foreign troops were to be withdrawn, and a pledge was to be given that no fortress should be placed in the hands of any power.

But Spain at the last moment had refused to sanction the treaty, and everything was remitted to what might be exactly described as a state of sixes and sevens.

Subsequently it was hoped that the States' troops might be induced to withdraw simultaneously with the Catholic forces on an undertaking by Spinola that there should be no re-occupation of the disputed territory either by the Republic or by Spain.

But Barneveld accurately pointed out that, although the Marquis was a splendid commander and, so long as he was at the head of the armies, a most powerful potentate, he might be superseded at any moment.
Count Bucquoy, for example, might suddenly appear in his place and refuse to be bound by any military arrangement of his predecessor.

Then the Archduke proposed to give a guarantee that in case of a mutual withdrawal there should be no return of the troops, no recapture of garrisons.