In the meantime, having experienced so much difficulty in bending the City to his will, and having so far succeeded in his object as to have a royalist mayor in the chair, as well as royalist sheriffs, Charles took steps to obtain an equally subservient Common Council. To this end he had issued a command (18 Dec.) to the mayor to enforce on the electors at the coming feast of St. Thomas (21 Dec.) the obligation of electing only such men to be members of the new council as had conformed with the provisions of the Corporation Act. The king’s letter was by the mayor’s precept read at each wardmote on the day of election.(1530) It was hoped that by this means a Common Council might be returned which might be induced to make a voluntary surrender of the City’s charter instead of forcing matters to an issue at law.(1531) (M784) The design failed and the king resolved at length to proceed with the _Quo Warranto_. After the lapse of more than a twelvemonth the trial came on for hearing (7 Feb., 1683). The solicitor-general, who opened the case, propounded to the court four questions: (1) Whether any corporation could be forfeited? (2) Whether the city of London differed from other corporations as to point of forfeiture? (3) Whether any act of the mayor, aldermen and Common Council in Common Council assembled be so much the act of the Corporation as could make a forfeiture? and (4) Whether the acts by them done in making a certain by-law and receiving money by it,(1532) or in making the petition of the 13th January, 1681, and causing it to be published, be such acts as, if done by the Corporation, would make a forfeiture of the Corporation? After a lengthy argument counsel for the Crown concluded by asking judgment for the king, and that the defendants might be ousted of their franchise as a Corporation. (M785) The City’s Recorder, Sir George Treby, rose in reply. His argument in favour of the City(1533) tended to show that the corporation of London _quâ_ corporation could not forfeit its existence either by voluntary surrender or by abuse of its powers, much less could its existence be imperilled by the action of those representatives of the city to whom its government had been confided. The corporation of the City was a governing body elected for specific purposes; if it proceeded _ultra vires_ to establish market tolls or to offer a petition to the king which was seditious, an indictment lay against every particular member of that body, but no execution could be taken against the mayor, commonalty and citizens of London, a body politic that is invisible, one that can neither see nor be seen.