The treaty finally decided upon rejected the principle of alternate possession, and established a permanent division of the territory in dispute between Brandenburg and Neuburg.

The two portions were to be made as equal as possible, and lots were to be thrown or drawn by the two princes for the first choice.  To the one side were assigned the Duchy of Cleve, the County of Mark, and the Seigniories of Ravensberg and Ravenstein, with some other baronies and feuds in Brabant and Flanders; to the other the Duchies of Julich and Berg with their dependencies.  Each prince was to reside exclusively within the territory assigned to him by lot.  The troops introduced by either party were to be withdrawn, fortifications made since the preceding month of May to be razed, and all persons who had been expelled, or who had emigrated, to be restored to their offices, property, or benefices.  It was also stipulated that no place within the whole debateable territory should be put in the hands of a third power.

These articles were signed by the ambassadors of France and England, by the deputies of the Elector-Palatine and of the United Provinces, all binding their superiors to the execution of the treaty.  The arrangement was supposed to refer to the previous conventions between those two crowns, with the Republic, and the Protestant princes and powers.  Count Zollern, whom we have seen bearing himself so arrogantly as envoy from the Emperor Rudolph to Henry IV., was now despatched by Matthias on as fruitless a mission to the congress at Xanten, and did his best to prevent the signature of the treaty, except with full concurrence of the Imperial government.  He likewise renewed the frivolous proposition that the Emperor should hold all the provinces in sequestration until the question of rightful sovereignty should be decided.  The “proud and haggard” ambassador was not more successful in this than in the diplomatic task previously entrusted to him, and he then went to Brussels, there to renew his remonstrances, menaces, and intrigues.

For the treaty thus elaborately constructed, and in appearance a triumphant settlement of questions so complicated and so burning as to threaten to set Christendom at any moment in a blaze, was destined to an impotent and most unsatisfactory conclusion.

The signatures were more easily obtained than the ratifications.  Execution was surrounded with insurmountable difficulties which in negotiation had been lightly skipped over at the stroke of a pen.  At the very first step, that of military evacuation, there was a stumble.  Maurice and Spinola were expected to withdraw their forces, and to undertake to bring in no troops in the future, and to make no invasion of the disputed territory.

But Spinola construed this undertaking as absolute; the Prince as only binding in consequence of, with reference to, and for the duration of; the Treaty of Xanten.  The ambassadors and other commissioners, disgusted with the long controversy which ensued, were making up their minds to depart when a courier arrived from Spain, bringing not a ratification but strict prohibition of the treaty.  The articles were not to be executed, no change whatever was to be made, and, above all, Wesel was not to be restored without fresh negotiations with Philip, followed by his explicit concurrence.