The aim of this chapter, however, will be to study the audiencia in its capacity as a civil judiciary and to clear the way for the discussion in subsequent chapters of the wider, and from the present viewpoint, more notable fields of its activity. An effort will be made to describe its judicial procedure, the kinds of cases which it tried, the limitations on its jurisdiction--what courts were inferior to it, and what authority was superior. This investigation will be made from the viewpoint of the historian, rather than from that of the student of jurisprudence, subject to such limitations as a lack of knowledge of the law may impose. We shall first consider the procedure of the audiencia as authorized by the laws of the Indies, illustrating this procedure by the citation of actual cases in practice. The powers and duties of the Audiencia of Manila as defined in the special decree of establishment of May 5, 1583, have been set forth in the preceding chapter. By this decree the audiencia was granted civil and criminal jurisdiction in cases of appeal from the lower courts and original jurisdiction in those affecting the government, and the conduct of its officials. The authority of the audiencia in the latter cases was exercised through the appeals which came to it from the special investigators and visitors who tried these officials in first instance. The laws of the Indies, after prescribing the time of meeting and the hours of the daily sessions of the audiencia, made their first important judicial regulation by forbidding viceroys and presidents to assist in the determination of suits. Cases must be tried by the properly qualified oidores, yet the president (viceroy or governor) was to sign the decisions with the magistrates. [112] Unless the president were a lawyer, he was even denied cognizance of military cases. The audiencia had jurisdiction over appeals from the viceroy or governor in all government matters to which any official or private citizen might take exception. [113] In case of disagreement between the audiencia and the president, it was prescribed that the question at issue should be carried to the Council of the Indies. In case the majority of the audiencia agreed to follow a certain course of action, the viceroy or president was forbidden to contravene or oppose that action. Instead, he was ordered to abide by it, appealing to the Council of the Indies for final settlement of the contention. [114]