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
‘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.
_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?
Public-domain text, read in full here on John Shaqi.
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