After Constance had withdrawn her son Frederick from running for the Roman-German kingship, the princes could not agree whom they should elect as king. The most promising candidate at first was the
Duke of Saxony,
Bernard III from the
House of Ascania, who was able to secure support
inter alia from the
Archbishop of Cologne,
Adolf of Altena. However, the English king,
Richard I proposed his nephew, the then
Count of Poitou,
Otto of Brunswick, who was the son of the Saxon duke,
Henry the Lion. The prospect that the Welf Otto could become king induced Bernard and the Saxon princes to side with the younger brother of Henry VI, the Swabian duke,
Philip, since it was feared that the Welfs would make claims on the Duchy of Saxony, which they had lost in 1180 at the
Hoftag of
Gelnhausen. The same was feared by
Louis I, Duke of Bavaria from the Wittelsbach lineage. Under pressure from the Saxon princes, Philip of Swabia who, as the uncle of the young Frederick, had only intended to secure the kingdom for his nephew, finally agreed to his own election as king. Philip of Swabia was elected king at
Mühlhausen in
Thuringia on 8 March 1198 (
Laetare Sunday), by princes sympathetic to the
Hohenstaufens. His backing came from Duke
Leopold the Glorious Duke of Styria and heir of Austria (the then-present leader of Carantanian-Bavarian Nation),
Ottokar I of Bohemia the then Duke of Czechia, the Wittelsbach, Philip's own Alamannian lords as well as from Duke
Berthold V of Zähringen, and Landgrave
Hermann I of Thuringia, as well as representatives of Saxon princes, and Archbishop Ludolf of Magdeburg and Archbishop Adalbert of Salzburg; however, in the absence of the Archbishops of
Cologne,
Mainz and
Trier, some of which were customary participants. There were yet no established procedure and authorities for the election, but the 'consuetudines' mattered. But the anti-Hohenstaufen princes were not prepared to accept this. So on 9 June, they elected
Otto of Brunswick as
counter-king to Philip of Swabia, who had been elected but not yet crowned, making the dispute official. Otto's coronation took place on 12 July in
Cologne, while Philip was crowned on 8 September. Thus there were simultaneously two
kings, but in both cases neither the election nor the coronation followed the ancient, traditional
process. Philip had received the coronation
regalia - the
Imperial Crown, the
Imperial Orb and
Imperial Sword - but his election took place on non-customary place and soil, in
Thuringian
Mühlhausen (although it can be said that there was a precedent from 1135 when Philip's great-uncle Conrad was proclaimed King at the place). Moreover, his coronation took place neither at the 'right place', that is, in
Mainz or
Aachen, nor under the 'right authority' because he was crowned by the Burgundian Archbishop
Aymon II of Tarentaise and not the archbishop of Cologne. Otto's election and coronation took place in the right places,
Cologne and Aachen, and his coronation was carried out by the Archbishop of Cologne, but only with a substituted set of regalia. Thus neither Philip nor Otto had full legitimacy to rule the monarchy. Pope Innocent III was of the opinion that the pope was the one to whom to whom spiritual and temporal princes would have to submit, and that therefore he should decide the question of who sat on the throne. But he was clearly waiting for the outcome of the power struggle. He was, however, well informed of events by his papal legate-bishop,
Radulf of Sutri, who was in the throes of negotiating with Philip a solution to his
excommunication. There are indications that there were differences of opinion between the Hohenstaufens and the Pope over the question of the position of Sicily in the empire. Philip obviously did not share the view of his sister-in-law about the feudal dependence of Sicily on the Pope, and was therefore unwilling to regard the kingdom as a papal fief. Innocent inevitably now sided with the Welfs, which gave him the opportunity to intervene with the election announcement of April 1199. After the death of the English king and most powerful advocate of the Welfs, Richard I, Otto was all the more dependent on the support of the Pope. On 28 May 1199, the Hohenstaufen party also presented their petition to the Pope at the
Princes' Declaration of Speyer. This was supported by a clear majority of the supporters of Philip and assured that the rights of the Church were to be respected if, in return, the rights of the emperor were respected by the Church. In addition, Philip's forthcoming visit to Rome for his imperial coronation was announced. == Innocent's decision ==