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.’