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While the issue was undecided, the Estates of Utrecht appointed Gijsbrecht guardian and defender of the see to assure him a legal status pending the papal ratification.
The chapter resolutely ignored the wishes of both dukes and the canons were almost unanimous in their choice of Gijsbrecht of Brederode. A very few votes were cast for Stephen of Bavaria, but not a single one for David of Burgundy. Brederode was already archdeacon of the cathedral and an eminently worthy choice, both for his attainments and for his character.
The bishop-elect, Gijsbrecht, consented to withdraw his claim, being permitted to retain the humbler office of provost of Utrecht and an annuity of four thousand guilders out of the episcopal revenues.
He despatched the Bishop of Arras to Rome to petition the new pope, Calixtus III., to refuse to ratify the late election and to confer the see upon David, out of hand. Philip's tender conscience found Gijsbrecht ineligible to an episcopal office because he had participated in the war against Ghent, certainly a weak plea in an age of militant bishops!
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