case walden against Holman if a man sue by the name of Benjamin plead in  abatement that he be baptise by the name of John with a traverse that the say  John be ever know by the name of Benjamin the plea be bad S c ld ray S c salk  S c holt Holman be sue by the name of Benjamin Holman and plead in abatement  that he be baptise and always know by the name of John without hoc that he the  modern er p say John be ever call or know by the name of Benjamin Holman the  plaintiff reply that he be know by the name of Benjamin from the time of his  baptism to which the defendant demurrer it be urge that the material part of  the plea be that he be baptise by the name of John and if so the plaintiff  ought to answer that for if the defendant be baptise by the name of John he  can not be know by any other name of baptism for one can have but one name of  baptism and the without hoc come after that which be a material plea be  frivolous and therefore not to be regard and to this opinion Powell justice  strong incline for he think that to say that he be baptise by another name  without more be a good plea in abatement and therefore the rest be nugatory  see Jones v Macquillin term Rep a modern holt chief justice and the rest of  the court contra for admit that it may be rely upon for a plea that he be  baptise by such a name yet that be not do here but it be only make a  inducement to a traverse which matter of traverse be not immaterial but will  be a good plea in abatement for it be a good plea in abatement for a defendant  to say that he be know and call by such a name though be never be baptise as  many thousand in England never be nor be it true to sa that one baptise by the  name of John can be know by another name sir Francis gawdy acquire a new name  by his confirmation see   light a b without as holt chief justice say lose his  Christian name at least be say he be not satisfy that bis name of baptism do  cease upon his take a new name of confirmation as Powell justice will have it  see Disply v sprat cro Elizabeth Fermor v Dorrington cro Elizabeth Watkins v  Oliver cro James blunt v Snedson cro James see also roll Abr   Poph Noy Brownl  the yearbooks Henry pl Henry pl and bro Abr misnomer c Brotherick at the bar  remember a case wherein he be of counsel in which it be hold that it be not a  good plea in abatement for a defendant to say that be be baptise by another  name without show likewise that he be always know by it and not put the  plaintiff to show how his name be alter to enable he to sue they darnel  sergeant affirm the same thing and judgement be give to answer over