The Lavves Resolvtions of Womens Rights: or The Lavves Provision for Woemen. [sic] Of hermaphrodites

The Lavves Resolvtions of Womens Rights: or The Lavves Provision for Woemen. [sic] Of hermaphrodites

The law's opinion concerning intersex people (then termed hermaphrodites)

John Moore

Harry Ransom Center Book Collection, the University of Texas at Austin

John Grove

1632

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English; Latin

Text

Of Hermaphrodites I have some kind of doubts, not whether the bee persons, but what persons they bee, If a man die seised, leaving 3. children which bee all Hermaphrodites, whether the eldest shall have all his land, or that it bee portable as among coheirs. Also if thee eldest bee a Hermaphrodite, and the other 2. faire young Virgins which way fetteth the discent. BRACTON in his first Booke, Cap.7 saith, HERMAPHRODITUS COMPARATUR MASCULO TANTUM, VEL FEMINAE TANTUM, FECUNDUM PRAEVALESCENTIAM FEXUS ITCALESCENTIS, that is, it must be deemed male or female, according to the predominance of the ser most inciting.

And as I remember I have rad the like vivilion BRACTON in his first book the Chapter for. 438. where her sheweth that a man shall not be tenant by the courtisie SI PARRUS DECLINAVERIT AD MONSTRŪ, & CUM CLAMORE EMITTERER DEBERER, EMISIC RUGITŪ, saith, it is not, PARTUS MONSTROSUS, LICET NATURA MEMBRA MINUERIT, VEL AMPLIAVERIT, UT FI QUIS HABEAT DIGITOS, AUT ARTICULOS FEX VEL PLURES. Now then if these creatures bee no Monsters, but are in conjunction to take on the the kind which is most ruining in the, this must needs be understood in matrimony, and consequently they may have heires, which being granted, why may they not be heires according to the prevalescence which Bracton speaketh of: if I were to furnish my selfe a house, I would place no picture or Image in any parlour, dining or bed-chamber, but it should be of good seemely and natural proposition, Satyres and Centaures should come no nearer then the post at my doore. And at the threshold of this my treatise, or as it were a little behind the doore: I will leave these deformed Children of Mercury, or Venus, suffering them to enter no further.

Book