case TREGOSE against wennel Michaelmas term car roll upon a writ of replevin  if the sheriff do not take pledge the judgement will be erroneous but on a  replevin by plaint pledge be not necessary ante S C Jones cro James Inst Mod  Manl error of a judgement in the common plea in replevin bring in the hundred  court by pleint and remove into the common plea by to think over facias speech  the error be assign because it do not appear that pledge be return upon the  pleint and it be much insist upon at the bar that this be error and rely upon  Hussey case a and all the court agree accord to the say case that if upon the  original writ pledge be not return because the writ command that if pledge be  find that then c and it be to the king disadvantage if pledge be not find as  the loss of his fine it be error but whether it be so in this case be much  doubt because the sheriff may make replevin without pledge find and here the  error be of the judgement in the common plea and it be no error in they and  peradventure pledge be find and not return and it be at the sheriff peril if  he do not take pledge accord to the statute of Westminster cap croak car case  memorandum the day for bill of sheriff adjourn on account of the meeting of  parliament ante impey off Sh Com dig Bac ab upon the six of November this term  the Lord keeper of the great seal the Lord treasurer the Lord privy seal the  earl of Arundel earl marshal the earl of Pembroke Lord chamberlain the Lord  cottington chancellor of the exchequer and all the justice of both bench and  baron of the exchequer be ass mbled in the exchequerchamber to nominate three  person of every county throughout England to be present to the king that be  may prick one of they to be sheriff of every county which be usual do accord  to the statute Edward S Edward c Henry c Henry c upon the three of November be  tomorrow air a but because it be the first day of the parliament and the lord  be to attend upon the king it be resolve by the advice and resolution of the  major part of the justice with who conference be have in this cause that it  may be well put off to another day and the Lord keeper notwithstanding the  statute defer it until this day a   a alter to the morrow of saint Martin by  Geo c S see ante croak car er p