he has aliened and transferred the thing sought to another after impetration, for he  may well be unaware of the impetration. And the demandant may be negligent in  prosecuting. The tenant may alien without fraud before impetration, or after impetration  and after summons, provided he is not anticipated by the summons, as  where he betakes himself1 to parts beyond the seas, or to parts so remote that he has  no knowledge of the summons, and there aliens; he is not punished. If he acts otherwise,  he ought, in the cases above, to be taken as possessor, especially if he aliens  after the summons has been attested and proved, as [in the roll] of Michaelmas term  in the fourth and the beginning of the fifth years of king Henry.2 If [it is alleged that]  after impetration an alienation has been made, while the inquest [as to that] is  pending the writ will be in suspense; it stands or falls according to the result of the  inquest: as [in the roll] of Trinity term in the [eighth] year of king Henry in the  county of Oxford, [the case] of Josce de Plugenay.3
If he has been anticipated by the summons.
 If he was anticipated by the summons, so that he knew or ought to know, he will be  held as the possessor, whether his donee has taken possession or not. He may reply  that he does not hold the whole body of the manor because such a one holds so much  of it, whence he has nothing, in demesne or in service, or if the manor is claimed with  the appurtenances, either in alms or in advowsons.4 The demandant will then have  to show the contrary by an inquest. Though at the time of the impetration and summons  the tenant held nothing, he will answer provided he afterwards begins to  possess. When the body of a manor is claimed in demesne, the tenant may answer  that he holds nothing in demesne but the whole in service; if that is the case, the writ  falls and the action as well, because the tenant cannot lose in demesne what he only  holds in service. When the demandant claims the whole in demesne, the tenant may  answer and acknowledge that he does not hold the whole in demesne, but partly in  demesne and partly in service; in that case it seems that the writ falls completely,  but the action only for the part he does not hold in demesne, unless, as some believe,  the demandant can alter his declared intentio to this extent, that he may claim in  demesne what the tenant holds in demesne and in service what the tenant
1. Reading: ante impetrationem, vel post impetrationem et post summonitionem, dum tamen . . . non sit, ut si se transtulerit