 By fleeing, James ultimately helped resolve the awkward question of whether he was still the legal king or not, having created according to many a situation of interregnum.On 28 December, William took over the provisional government by appointment of the peers of the realm, as was the legal right of the latter in circumstances when the king was incapacitated, and, on the advice of his Whig allies, summoned an assembly of all the surviving members of parliament of Charles II's reign, thus sidelining the Tories of the Loyal Parliament of 1685.This assembly called for a chosen English Convention Parliament, elected on 5 January 1689 NS, which convened on 22 January.