But it was the resolve of Spain, instead of pledging herself to the treaty, to establish the legal control of the territory in the hand of the Emperor.
Neuburg complained that Philip in writing to him did not give him the title of Duke of Julich and Cleve, although he had been placed in possession of those estates by the arms of Spain.

Philip, referring to Archduke Albert for his opinion on this subject, was advised that, as the Emperor had not given Neuburg the investiture of the duchies, the King was quite right in refusing him the title.

Even should the Treaty of Xanten be executed, neither he nor the Elector of Brandenburg would be anything but administrators until the question of right was decided by the Emperor.
Spain had sent Neuburg the Order of the Golden Fleece as a reward for his conversion, but did not intend him to be anything but a man of straw in the territories which he claimed by sovereign right.

They were to form a permanent bulwark to the Empire, to Spain, and to Catholicism.
Barneveld of course could never see the secret letters passing between Brussels and Madrid, but his insight into the purposes of the enemy was almost as acute as if the correspondence of Philip and Albert had been in the pigeonholes of his writing-desk in the Kneuterdyk.
The whole object of Spain and the Emperor, acting through the Archduke, was to force the States to abandon their positions in the duchies simultaneously with the withdrawal of the Spanish troops, and to be satisfied with a bare convention between themselves and Archduke Albert that there should be no renewed occupation by either party.

Barneveld, finding it impossible to get Spain upon the treaty, was resolved that at least the two mediating powers, their great allies, the sovereigns of Great Britain and France, should guarantee the convention, and that the promises of the Archduke should be made to them.