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.
Though the World was lead on to credit and countenance those Whims till Cicero’s Time, and supposing none were found able or willing to set People right in this Opinion before him; yet we may, with great Assurance, ask, why the Learned since him should neglect the Hint given by that wise Man in his Book De Divinatione, where we find him making a Banter of several Superstitions then in Vogue with the Romans; among which he does not forget to enumerate the Androgyni[23]. ‘Quid cum Cumis Apollo sudavit, capuæ victoria? Quid ortus Androgyni? nonne fatale quoddam Monstrum fuit?’ Sure this, as well as any other Matter, worth the Notice of that noble Author, ought well to bespeak the Attention and Consideration of the whole World after him.
Several Jewish Rabbins, and most of the Hebrews before them, were of Opinion, that Adam was first made an Androgynus[24], on the fore Part a Male, and behind a Female; that these were afterwards separated, and the female Part called Eve. This was their Manner of explaining those Passages of the Old Testament, ‘Male and Female created he them;’ and again, ‘Thou hast formed me behind and before:’ These Opinions gave Birth to many others afterwards, as well among the Pagan Philosophers, as among many Christian Divines; some of whom, in the Time of Pope Innocent the Third were so far Followers of the Rabbins, that they thought the Sexes in Adam would never have been divided if he had not sinned; which was granting that Adam was created an Hermaphrodite, and that the two Sexes were taken asunder afterwards. Others[25] of these believed so firmly that Hermaphrodites existed, that they took Pains to confute the above Opinion, only fearing lest such should assume to themselves to have been the first human Creatures made, from the Words above-mentioned, ‘God created Man Male and Female, &c.’ and consequently the most worthy.