Where a point is raised which is found to consist wholly or prin cipally of matter of fact, the parties, provided there has been a correct application of the rules of special pleading, are distinctly apprised by the pleadings of the exact nature of the question to be decided by a jury, and are thus enabled to direct their attention to that question, and prepare their proofs with reference to that question only. If the point in controversy is found to resolve itself into a question of law, a decision may be obtained by submitting the matter to the opinion of this court after argument upon demurrer, without the trouble, expense, and hazard of a trial before a jury.
We possess very little information as to the mode of pleading previous to the Conquest. At or soon after that period an important revolution took place. The pleadings in the Aula Itegia, and afterwards in the courts which branched out of it, appear to have been con ducted viva voce in the French language, by Norman advocates called " countours." After a discussion before the court as to the proper form of pleading [Ssitizasss), the pleadings were minuted down by the officers of the court in the form in which they had been finally agreed upon. Thus, ttle or no inconvenience arose from the pro
hibition which existed against the making of any alteration in the pleadings after they were entered. In the reign of Edward IIL the pleadings were directed to be carried on in English, and the entries of these pleadings to be in Latin. Afterwards a custom was introduced of preparing the pleadings out of court and delivering them to the officers to be entered. In consequence of this arrangement defects in pleadings were not discovered until a period at which the parties were bound by them as being entered, and it became necessary for the legislature to interfere in order to allow amendments to be mile in seine cases, and in others to direct the judges to pronounce judgment without regard to formal objections. By the late rules all pleadings must be delivered by the one party to the other. (` BLackstone's Com.' Mr. Kerr 's ed., vol. paasint.)