Part 3

Q. IX. ‘Can an Hermaphrodite be Rector of a University? Ans. No; for there cannot be a married Clergyman, nor an Hermaphrodite, nor one less than twenty Years of Age.

Q. X. ‘Can an Hermaphrodite be a Judge? Ans. An Hermaphrodite is reckoned among the Infamous, to whom the Gates of Dignity ought not to be open.

Q. XI. ‘Can an Hermaphrodite be an Advocate? Ans. No, being infamous.

Q. XII. ‘Can an Hermaphrodite be an Arbitrator? Ans. Yes, whether there appears more of the Male, or more of the Female Sex, or an Equality of both, &c.

Q. XIII. ‘Can an Hermaphrodite fall under Penalties? Ans. If the Male Sex is predominant, he comes in as a Male. Another Author says, Male or Female Sex predominating, when occupying the Possession of another by Force, they are under the Law. Another: There is no need of disputing the Sex in this Case.

Q. XIV. ‘Can Hermaphrodites pretend to be ignorant of their Constitutions?

Q. XV. ‘Can Hermaphrodites succeed in Copyholds? Ans. In the Affirmative, if more Male than Female. Others: though that Sex does not predominate by the Appearance of the Pudenda, yet if they seem, in other Works of Manhood, as Agility of Body, to be equal to Men, they may succeed in such Inheritance; for that they who resemble perfect Persons ought not to be accounted altogether imperfect, because that Imperfection is concealed, but Perfection is evident and manifest, therefore to be chosen. Others: that the Laws granting Feudes to the descending Males, do not include Hermaphrodites. Another: If, from Custom, Women cannot succeed in a Feude or Copyhold, so an Hermaphrodite cannot; which is to be understood of those only in whom the female Sex is most apparent; where such Hermaphrodites, who are more Female, are compared to Females, and those more masculine to Men, therefore the Law is to be determined accordingly.

Q. XVI. ‘How should an Hermaphrodite serve in any Office? Ans. In whatsoever Manner they best can themselves, and not by a Substitute, &c.’

Q. XVII. ‘Can Hermaphrodites chuse, on their Parts, any one of their Brothers to succeed them? Ans. They may gratis, but not for Gratification, &c.

‘Whosoever would know more of the Laws concerning Hermaphrodites, may consult the Doctors and Expounders of the Law; these being sufficient concerning them.’

We have not even in our own Kingdom been free from the same prejudiced Care, in providing Laws against them; for as we had borrowed many from other Nations, and added them to our own, so we find one among them concerning Hermaphrodites, mentioned by Coke in his Commentary upon Littleton, where he speaks of them thus:

‘Every Heir is either a Male, or Female, or an Hermaphrodite, that is, both Male and Female. And an Hermaphrodite, which is also called an Androgynus, shall be Heir, either as Male or Female, according to that Kind of the Sex which doth prevail, and accordingly ought to be baptized.’

Would not any one imagine that these supposed Androgyni, instead of being of the same Nature with us, (however morbid or deformed their Parts of Generation might be) were rather another Race of Animals sui generis, than what they really are? when a String of Laws, compiled with so much Accuracy, and in such a formal Manner, concerning them, has been exhibited and increased in all Ages; and is it not Matter of great surprize, to think that none had ever undertaken to convince the World of the Superstition and Vanity of such Laws? since those that were already in force, in all Nations, were as sufficient to bind a morbid Subject in all Cases, as a sound one; which alone is the Question here.

Though the World was lead on to credit and countenance those Whims till Cicero’s Time, and supposing none were found able or willing to set People right in this Opinion before him; yet we may, with great Assurance, ask, why the Learned since him should neglect the Hint given by that wise Man in his Book De Divinatione, where we find him making a Banter of several Superstitions then in Vogue with the Romans; among which he does not forget to enumerate the Androgyni. ‘Quid cum Cumis Apollo sudavit, capuæ victoria? Quid ortus Androgyni? nonne fatale quoddam Monstrum fuit?’ Sure this, as well as any other Matter, worth the Notice of that noble Author, ought well to bespeak the Attention and Consideration of the whole World after him.

Several Jewish Rabbins, and most of the Hebrews before them, were of Opinion, that Adam was first made an Androgynus, on the fore Part a Male, and behind a Female; that these were afterwards separated, and the female Part called Eve. This was their Manner of explaining those Passages of the Old Testament, ‘Male and Female created he them;’ and again, ‘Thou hast formed me behind and before:’ These Opinions gave Birth to many others afterwards, as well among the Pagan Philosophers, as among many Christian Divines; some of whom, in the Time of Pope Innocent the Third were so far Followers of the Rabbins, that they thought the Sexes in Adam would never have been divided if he had not sinned; which was granting that Adam was created an Hermaphrodite, and that the two Sexes were taken asunder afterwards. Others of these believed so firmly that Hermaphrodites existed, that they took Pains to confute the above Opinion, only fearing lest such should assume to themselves to have been the first human Creatures made, from the Words above-mentioned, ‘God created Man Male and Female, &c.’ and consequently the most worthy.

From all these Things we see how little it is to be wondered at, that the Majority of the World should be thus riveted in their Notions of Hermaphrodites, since it appears, that Doctors of the Jewish, Pagan, and Christian Churches have been Promoters of them from Time to Time, by Doubts and Sentiments in themselves so trivial, as not to deserve any Credit from an impartial and judicious Reader.

Credulities of this Nature, though upon the most insignificant and ill-grounded Assertions, generally make great Progress in the Minds of Men and are sometimes so deeply rooted, that the Vicissitudes of many Ages have not been sufficient to open Mens Eyes, or make them sollicitous for the Truth. Of this Sort was the Notion of Witches in the World; for it is plain from Record, that many poor Women were condemned to the Flames or Gallows by the greatest Sages in the Law; and the Sentences against them were so arbitrary as never to be mitigated, but hurled them to Destruction without the least Regret or Pity from the Witnesses of such Barbarity; and yet how easy would it have been to discern (if Men gave themselves the Liberty to reflect a little upon the Nature of the Thing) that no Guilt, nor any such preternatural Knowledge as was said to center in them, could proceed from those ignorant simple People, that were always the Subjects of this Cruelty.

Thus it often fared with our reputed Hermaphrodites, who have been banished, tormented, abused, and employed in such Offices as were in themselves severe; cut off from the common Privileges and Freedoms enjoyed by the Publick wheresoever they have been; yea, and put to Death in an inhuman and pityless Manner. But the Disgrace which hangs over human Nature, from Mens harbouring such strange Notions of one another, is almost as bad; and more especially so, when several who are ranked among Men of Science shall espouse these Chimeras, or at least confess a Doubt concerning the Thing: So that it is not to be wondered at, if the weak-minded and injudicious should be impressed with a Belief of Reports of this Kind, and thereby lose all Humanity towards such Objects; and no wonder modest Ears should be grated with the Stories of such Creatures, since they are more frequently exposed to vast Numbers of the indiscreet Part of the World, than to Men of Knowledge and Decency.

Since this is the Case, and since Authors, of no little Account among the Learned, have taken great Pains to confirm the Certainty of the Existence of Hermaphrodites in human Nature, and, at the same Time, differ so much from each other concerning them; it could not but be very well worth while to attempt finding the Truth of what, I so much mistrusted, was asserted without any just Foundation, and what I could not but esteem a Scandal thrown upon the whole Race of Mankind; and therefore, upon seeing the Fœtus whose Description, with an Observation upon all female Fœtus’s, concludes the following Pages, I was the more encouraged to read upon and consider the Subject; and finding myself unable to reconcile the Accounts of Authors to Truth, and the Nature of Hermaphroditism to the Physiology of human Bodies, I was still the more eager to endeavour at being satisfactory to others as well as myself, about what has been so long a Riddle.

The Arrival of the Angolan Woman in Town encouraged this Undertaking, both from the Belief of the Vulgar concerning her, and the Sentiments of others, who would allow her no Sex but the Masculine; which rendered it not an unseasonable Time to make a further Progress in this Essay towards reducing the Matter to a Certainty, which (however deficient) I hope, will be in some Measure acceptable to all Lovers of Truth in Natural History.

BOOKS printed for J. WALTHOE.

Dr FREIND’s History of PHYSICK, from the Time of Galen, to the Beginning of the Sixteenth Century; chiefly with regard to Practice. In a Discourse written to Dr Mead. The Third Edition, in 2 Vols. 8vo.

R. WELSTED, M. D. de Medicina Mentis.

Commentarium Nosologicum Morbos Epidemicos & Aëris Variationes in Urbe ~Eboracensi~ per sedecim Annos grassantes complectens. Autore CLIFTONO WINTRINGHAM, M. D.

An EXPERIMENTAL ENQUIRY on some Parts of the ANIMAL STRUCTURE. By CLIFTON WINTRINGHAM, jun.

T. LUCRETIUS CARUS of the Nature of Things. Translated into English Verse by THOMAS CREECH, M. A. The Sixth Edition. Illustrated with Notes, making a complete System of the Epicurean Philosophy, 2 Vols. 8vo.

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