Trin. 1653. Banc. sup.
A Man brought an Action of the case against one for causing him to be endicted for stealing of a Mare,* 1.1 and hath a verdict against the Defen∣dant. It was moved in Arrest of judgement, that upon preferring of the Bill to the grand Iury, they found an Ignoramus, and so there is a repug∣nancy in the Declaration, which sets forth that the Plaintif caused him to be endicted, and yet says that an Ignoramus was found, so that upon the matter it was found no Endictment. Wild on the other side said, the De∣claration is well enough, and there is no repugnancy, for the words shall be taken according to the common construction. Hales, There is another Exception. viz. That all the proceedings mentioned in the Declaration are expressed to be before the Iudges as Commissioners for the Gaol delivery, and not as Commissioners of Oyer and Terminer. Roll chief Iustice, We will intend that the Endictment was before them as Iustices of Oyer and Terminer,* 1.2 and in truth it is not material before what authority he was endicted; and in this case the trouble the party is put unto by reason of this endictment, is the cause of his bringing this Action, and not his Tryal upon it,* 1.3 and therefore the authority is not material; nor is it material whether the endictment be good or no, and the words here are to be con∣strued according to common intendment, viz. That he was endicted though