But if the Tenant, desirous of proceeding in the cause, should, after his Essoin cast in Court and within the fourth day, appear, then, if the day was in the first instance fixed through the intervention of the Essoiner, and the adverse party has under these circumstances left the Court, the Demandant[68] cannot recover, as he might on the day past. [Footnote 68: According to the Bodleian MS. it would stand, he (the Tenant) cannot recover, &c.] CHAP. XXV. There is another species of Essoin; which is permitted from the necessity of the case; and this happens when any one casts the Essoin _de ultra mare_.[69] In that case, if the Essoin be received, the period of forty days, at least, shall be given to the party essoined. But if, by means of this or any other reasonable Essoin, a man would essoin himself for a longer period, the usual course of the Court shall be followed in giving time. [Footnote 69: “There is,” says the Regiam Majestatem, “another kind of Excuse or Essoin which is necessary, that is, when any one is essoined because he is beyond the water of Forth or of Spey; and, if this Essoin is found lawful, forty days shall be granted to him who is excused.” (Vide Reg. Maj. L. 1. c. 8.) The inconveniences resulting from the abuse of the Essoin in our text were remedied by West. 1. cap. 44. Vide Sir Edward Coke’s Comment. 2 Inst. 251.] CHAP. XXVI. There are other Essoins which eventually may be resorted to, in order to save the four days, or one of them, by means of which Essoins the adverse party should be awaited in Court: as, for Example, a sudden inundation, or any other unexpected event which could not be foreseen. CHAP. XXVII. The service of the King is also another reasonable cause of Essoin,[70] and when this Essoin is proved in Court and allowed, the Suit shall stand over _sine die_, until it appear that the party has returned from the King’s service. Hence those who are continually in the King’s service, as his Servants,[71] shall not avail themselves of this Essoin; but, with respect to their persons, the ordinary course of the Court, and the order of the Law, shall be observed. We must, however, make a distinction, with respect to the foregoing Essoin. The party desirous of availing himself of the Essoin _per servitium Regis_, will either have been summoned by his adversary previously to entering into such service, or he will have entered into such service in the first instance, and have afterwards been summoned. [Footnote 70: And, as this was founded upon a political _obligation_, it did not extend to excuse the Defendant, if in the service of any other person. (Bracton 336. b.)]