A mechanical and critical enquiry into the nature of hermaphrodites — John Shaqi
A mechanical and critical enquiry into the nature of hermaphroditesParsons, James
History
A mechanical and critical enquiry into the nature of hermaphrodites
Parsons, James
Intersexuality -- Early works to 1800
_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_[21] in his Commentary upon
_Littleton_, where he speaks of them thus[22]:
‘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.
Public-domain text, read in full here on John Shaqi.
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