Part 2

The constant Application of some great Men, (with whom this Island formerly has been, and is, at present, blessed) to the Study of Physical Affairs, is a glorious Example to encourage all younger Students to imitate their Steps, in the Pursuit of natural Knowledge, and, consequently, the publick Good, according to the different Turns of Mind, and those Studies that most delight them. Would such attain to a true Notion of the Animal Structure? let the Labours and Example of those great Anatomists Douglas, Cheselden, Nichols, and Nesbit, be their Guides. Would their Curiosity expand itself in the general Field of Natural History? Sir Hans Sloane shews of this to form inimitable Scenes. Or would they endeavour to bring Physiological Learning into a clear Light by Dint of mechanical Reasoning, the celebrated Mead and learned Stuart, with many others of our most honourable College, point out the way: would they, in fine, dive into mathematical Streams, the certain Directors to Truth, how many Examples of this Sort, as well as of those already mentioned, can our Royal Society, the most famous in the learned World, produce.

All these are the Stars directing to the Haven of Science here, whom, if observed with Attention, it is no wonder if their Followers emulate to overturn Errors, and undeceive the Crowd that is hurried along through Mazes and Labyrinths of Misrepresentations, to hunt out the Truth, which is often very intricately environed round with dark Veils of Ignorance or Superstition.

Such were the Motives and Considerations that prompted me to endeavour to wrest, from the Jaws of Scandal and Reproach, poor human Nature, which has, from Time to Time, suffered great Disgrace, and many of whose innocent Children have been punished, and even put to Death, for having been reputed Hermaphrodites; Ignorance of the Fabrick of the Body has been the first great Occasion of those Evils, destroying Evils, which exist not only amongst the most ignorant Americans, but also amongst the Litterati themselves in other Parts of the World.

What, but Ignorance or Superstition, could perswade Men to imagine, that poor human Creatures (which were only distorted in some particular Part, or had any thing unusual appearing about them, from some morbid Cause affecting them, either in the Uterus, or after their Births) were Prodigies or Monsters in Nature? What, but Ignorance and Superstition, could urge Men to make Laws for their Destruction or Exclusion from the common Benefits of Life? in fine, what, but these very Causes, could make several harsh Laws continue still in Force against them in many Places, which suppose those Women that happen to be Macroclitorideæ, to be capable of exercising the Functions of either Sex, with regard to Generation; and, further, restrain them under severe Penalties to stick to that Sex only which they should choose? as if poor Women could exercise the Part of any other Sex but their own.

The Romans, soon after the Foundation of their City, had Laws made against their Androgyni remarkably severe; for whensoever a Child was reputed one of these, his Sentence was to be shut up in a Chest alive, and thrown into the Sea, which was as often put in Execution as any of these unfortunate Children were discovered. The Inhabitants about the Gulph of Florida hold them also in great Contempt, believing them to be something so evil as not to deserve the Comforts of Life; and though they do not destroy them yet they deal as badly by them, for when they go to make War, as many of these supposed Hermaphrodites as can be found are obliged to carry their Provisions; they are also compelled to bear the Dead, and those sick of malignant Diseases, to proper Places, and attend them under very rigorous Circumstances.

Nothing is more certain, than that the Causes above-mentioned have had no small Share in the propagating a Belief among the People of their Existence; and this appears by a Custom, that long prevailed amongst the Pagans in Italy, who, upon the Birth of such Children, as were thought Hermaphrodites, always consulted their Religious and Wise-Men what to do with them. A remarkable Instance of this Kind happened in a Town in Campania in Italy, called Frusino, where a Child being born of a monstrous Size, and another at Sinuessa whose Sex was doubtful, insomuch, that they could neither judge it Male nor Female, it was laid before the Magistrates, who immediately sent for some of the Aurispices, out of Hetruria, and they pronounced it, ‘Fædum ac turpe prodigium,’ whereupon it was thrown into the Sea according to the aforesaid Law. But this was not enough, for as by the Superstition of these Soothsayers and the Pontifices, such Children were thought to portend some Evil, there was a Ceremony that always succeeded their Destruction, which was performed by twenty-seven Virgins, who marched in Procession, singing about the City, and offered Sacrifices to Juno, to avert the Evil which they imagined was boded by the Child’s Birth.

This happened many Times afterwards in Italy; and even the Christian Emperor Constantine, according to Eusebius, made Laws against them; for about this Time the River Nile not flowing so much over the Lands as usual, the Blame was laid to their Androgyni who worshipped and bathed in it amongst the People; whereupon the Law made against them was, that they should be looked upon as a spurious Breed, and destroyed.

‘When the People of Egypt, and particularly those of Alexandria, worshipped the River (Nile), a Law was issued out against certain Men of an effeminate Nature, who worshipped among them; whereby all those commonly accounted Androgyni were to be destroyed, as an uncertain and spurious Race, nor was it permitted even to look on those that had such lascivious Disorders.’

Some time after the Law was made, the River began to flow freely, and swelled again over the Banks, as before. The Superstition of the Inhabitants was gratified, who, no doubt, owed the Restoration of the Waters to the cruel Law made against those miserable human Creatures.

In order more clearly to illustrate under what Restrictions such, as were reputed Hermaphrodites, lay, touching the Jewish, as well as the Canon and Civil, Laws of later Date, I have taken from Casper Bauhinus as many Tracts as he has collected, in his own Words as follows; whereby the Reader will be the better informed, how much these erroneous Notions concerning them prevailed from the beginning.

Of the ~Jewish~ Laws concerning Hermaphrodites.

‘In the Hebrew Law there is often mention made of Hermaphrodites, although they were not very sollicitous about the Causes of their confused Natures. The Word Androgynus was very familiar amongst them, which, they say, signifies one having the Parts of Generation of both Sexes, one of which, however, they allow to be more luxuriant than the other. Hence arise some Disputes amongst them concerning the Laws they are subject to, which I have translated from the Talmud in the following Words.

‘Androgyni are in their Natures to be esteemed partly as Men, partly as Women; partly as both Man and Woman; and partly as neither Man nor Woman, but as they appear in their proper Persons.

I. ‘They are like Men in five Respects according to the Law of the Book of Moses: 1. By polluting whatsoever Man or other Thing which they touch, or that touches them, whensoever they have emitted their Semen; as Men pollute every Thing in such Cases, according to that Law: 2. They are obliged to marry their Brother’s Widows, not having Children, as Men are: 3. They are to go dress’d, from Head to Foot, after the Manner of Men, and to shave their Heads as Men, not as Women, for Intemperance Sake: 4. They are permitted to marry Women, as other Men do, and not to marry Men: 5. They are obliged to observe all the Precepts of the Law of Moses, as Jewish Men are, but not as Women, who are not subject to all, because of those Things which their different Seasons require.’

II. ‘They are further likened to Women in seven Respects according to the Law of Moses: 1. By polluting every Man, and all Things they shall touch or are touched by, in the Time of their Menses: 2. Because it is not lawful for them to converse with Men alone in any private Place: 3. Because they may shave their Heads in a circular Manner as Women; and, besides, may spread out their Beards, which the Law of Moses forbids to Men: 4. Because they are permitted to walk among the Dead as Women, which is forbidden to Men: 5. Because they cannot bear witness, as Women cannot: 6. Because, as Women, they are forbidden all unlawful Copulation: 7. Because, as Women, it is unlawful for them to marry a Priest of the Seed of Aaron, whereby they are vitiated.

III. ‘They are to be esteemed as Men and Women in six Respects: 1. If they are assaulted by any Person, the Matter is to be agreed on according to the utmost of the Damage: 2. If they are inadvertently killed by any, the Person is to retire into one of the privileged Places, ordered for Security in such Cases, there to remain until the Death of the High-Priest, as if he had killed a Man or Woman, according to the Law of Moses; but if wilfully murdered, the Murderer ought to die as for murdering a Man or Woman: 3. When a Woman brings forth an Androgynus, she ought to be accounted unclean seven Days, as for a Male Child; again, other seven Days for a Female Child, that is, the Days of Uncleanness and Purification ought to be numbered as for the bringing forth of a Son and Daughter, according to the Law of Moses: 4. An Androgynus, if of a sacerdotal Race, is a Partaker of Sacrifices like other Men that are so, according to the Law of Moses: 5. They have share of both paternal and maternal Inheritances, and also in such other Inheritances as they may claim by Law as a Man and Woman: 6. When any Androgyni have a Desire to forsake worldly Affairs, it ought to be well attested, and they become Nazarites by their Vow.

IV. ‘They are finally, in three other Respects, to be treated as neither Men nor Women, but as a Person proper to itself, having a Right to neither Sex in particular: 1. Though an Androgynus should strike or calumniate another, he is not obliged to make any Satisfaction according to the Law of Moses that regards Men or Women, but as a singular Person ought to make Reparation according to the Sentence and Agreement of proper Judges; 2. If any Androgyni shall declare their Vows to the Lord, according to the Estimation of their Persons, and shall dedicate such Estimation or Value to the Temple of God, if it is not made according to Moses’s express Law as of Men and Women, let it be done according to the Judgment of a Priest, regarding their particular Persons, or as it can be best agreed on by such as preside in the Temple of God: 3. But if any should declare of themselves their Desire of being devoted to God, separated from worldly Things, or bind themselves by the Vow of a Nazarite, then if such Persons are neither Man nor Woman, their own Words shall be of no effect, nor ought they to be devoted to God; these are from the Talmud of the Jews.

‘The Rabbi Meir says, an Androgynus is a Creature of a particular Kind in itself; nor were some wise Men willing to determine whether they are Men or Women; but Obthurata’s Opinion is otherwise, who says they are sometimes Men, sometimes Women, according as the Appearance is of the Parts of either Sex.’

Of the Canon and Civil Laws concerning Hermaphrodites.

‘Having recounted some Laws and Privileges of the Jews concerning Hermaphrodites, we are now to propose certain Questions, taken from the Canon and Civil Laws, referring those who would know more, to the Writings of the Authors from whom we have gathered them, &c.’

Quest. I. ‘Whether a Man’s or Woman’s Name should be given to an Hermaphrodite at it’s Baptism? Ans. If there seems to be more of a Male Nature than the other, a Man’s Name; otherwise, that of a Female; but if it be doubtful, it lies at the Discretion of him who gives the Name.

Q. II. ‘How often should an Hermaphrodite confess? Ans. Once a Year as a Man or Woman.

Q. III. ‘Can an Hermaphrodite contract Marriage? Ans. It is granted according to the Predominancy of Sex, which ought to be regarded; but if the Sexes seem equal, the Choice is left to the Hermaphrodite.

Q. IV. ‘Are Hermaphrodites comprehended in the Statutes requiring Consent of Friends upon contracting with Women? Ans. The Statute concerns not a mixed Person.

Q. V. ‘Can an Hermaphrodite be a Witness? Ans. No; except in Cases wherein a Woman may.

Q. VI. ‘Can an Hermaphrodite be a Witness to a Testament or Last Will? Ans. The predominating Sex will shew that, viz. if more potent in the Male Sex he may; if the Sexes are equal, or more Female, not, &c.

Q. VII. ‘Whether an Hermaphrodite ought to stand in Judgment as a Man or Woman? Ans. An Oath should first be taken which Member is predominant, and the Person admitted accordingly; but if both are equally powerful, not to be admitted, according to the holy Church.

Q. VIII. ‘Can an Hermaphrodite be promoted to holy Orders? Ans. An Hermaphrodite is driven from this Promotion because of Deformity or Monstrosity; but if more masculine than feminine, the Character may be conferred, though not Ordination, nor a Power of Administration.