A mechanical and critical enquiry into the nature of hermaphrodites

by James Parsons

‘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[18] 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[19].

‘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.