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[20].
‘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.