THE PLEADINGS—THEIR PUR POSE. The pleadings are the formal allegations of fact whereon the parties rely to support the claim of injury and the defense thereto. They were made orally in early times, but have for many centuries now been required to be in writing. The facts alleged in the pleadings must be material, that is, they must consti tute the minor premise of a syllogism, of which the major premise is purely a proposition of law, the lat ter not stated because it is presumed to be at all times in the mind of the court. The conclusion of the syllo gism is the proposition which the party desires the court to lay down as its judgment.
When the pleadings were oral, as they proceeded they were minuted down by the chief clerk or prothon otary, and, together with the entries from time to time made concerning the cause, constituted the record of the cause. This record, when complete, was preserved as a perpetual, intrinsic and exclusively admissable testimony of all the judicial transactions which it com prised. As it was made by a clerk, one not a party, it was entered as a narrative in the third person. Later the parties, when they began for convenience to write their pleadings, came in and wrote them on the clerk's roll, and they thus to this day are in the third person.