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Jacob, Giles

"Or, A Treatise of Hermaphrodites"


It is natural to suppose, that these Persons of a mix'd Nature call'd
Hermaphrodites, have had generally more Prudence and Conduct than to
marry under such Incapacities, which would prevent an agreeable
Consummation in the amorous Embrace, (however they may sport and dally
with each other) as they must expect nothing but the greatest Resentment
and highest Indignation from the Persons they have presumptuously
espous'd, and must inevitably tend to their being expos'd to the World,
as Prodigies and Monsters; and they have in Times past been the more
effectually deterr'd from engaging in Matrimony, as they were
immediately on their Discovery cast into the Sea or some large Rivers,
or banish'd into some desolate Island, as presages of dire Events, and
the worst of Calamities.
But the Civil Law does not regard Hermaphrodites as Monsters, it permits
them to make a Choice of either of the two Sexes for the Business of
Copulation, either in the Capacity of Men or Women; but if the
Hermaphrodite does not perform his Part agreeable to Nature, the same
Law inflicts the Punishment due to Sodomy, because he has abus'd one
Part, contrary to Matures Laws. This must be determin'd by the
Predominancy of the Parts, for there are some Hermaphrodites so very
vigorous as to embrace Women, and others whose Parts are so dispos'd as
to receive with pleasure the Caresses of Men; and where there is nothing
to hinder the amorous Action, but that they are capable of enjoying
mutual Pleasure, it would be a piece of injustice to prohibit their
Nuptials.


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