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American Social History Projec
WHO BUILT AMERICA?

A Virginia Court Investigates Thomas/Thomasine Hall

Background: In 1629, Thomas/Thomasine Hall appeared before the General Court of Virginia to answer questions following rumors that Hall engaged in sexual activities with both men and women. Hall’s testimony revealed that at different stages in their life, often for economic security, Hall performed the gendered identity of both men and women and likewise engaged sexual partners of both sexes and genders. The court ordered that multiple community members examine Hall, sometimes without Hall’s consent. This edited excerpt from the court’s report describes the conflicting findings of Hall’s examiners. On the basis of this testimony, the General Court sentenced Hall to a lifetime of wearing a combination of men’s and women’s clothing. In addition to providing an account of Hall’s case, the document reflects some characteristics common to seventeenth-century writing, including the lack of standardized spelling and punctuation. Many unfamiliar words and spellings have been modernized in this selection.

Examinations taken before John Pott Esqr governor the 25th day of March [1629] of England of the age of twenty years or thereabouts sworn and examined sayeth that Thomas Hall (being examined by Captain Basse whether he were man or woman (as himself did confess to this examination) told this examination that the answered Captain Basse that he was both man and woman  .  .  .  asked him why he went in women’s apparel then said Hall answered in the hearing of this dep' [deposition] I go in women’s apparel to get a bitt for my Catt And he further sayeth that there was a Rumor and Report that the said Hall did lie with a maid of Mr Richard Bennetts called great Besse. And he likewise sayeth that he this examine and one Roger Rodes being at the upper plantation after it had been rumored that the said Hall was a man and that he was put in man’s apparel the said Hall being then there with them, they said Rodes told Hall thou hast been reported to be a woman and now thou art said to be a man, I will see what thou carriest, Whereupon the said Rodes laid hands upon the said Hall, and this examination did so likewise, and they threw the said Hall on his back, and then this examination felt the said Hall and pulled out his members whereby it appeared that he was a perfect man, and more he cannot depose.

John Atkins of the age of 29 years or thereabouts sworn and examined deposeth and sayeth That Mr Stacy having reported that Hall now a servant unto this examination was as he thought a man and woman, not long after, the said Hall (being then servant to Rob" Eyros and John Tyos) and being at Nicholas Eyros his house Alice Long, Dorothye Rodes and Barbara Hall being at that time in the said house, upon the said Report did search the said Hall and found (as they then said) that he was a man but the said Tyos sworn the said Hall was a woman (as the said Dorothy Rodes did often affirm unto this deposition Whereupon Captain Basse examined the said Hall in the presence of this deponent whether he were man or woman, the said Hall replied he was both . . . . whereupon Captain Basse Commanded [him] to be put in women’s apparel, but the aforesaid searchers were not fully resolved, but stood in doubt of what they had formerly affirmed, and being (about the twelfth of February) at this [witness’s] house the said Hall dwelling then with him, and finding the said Hall asleep did again search him and then also found the said Hall to be a man . . . But the Sunday following, those searchers being again assembled and the wife of Allen Kinafton and the wife of Ambrose Griffen being in Company with them were again desirous to search the said Hall, and having searched him in the place [presence] of this Deponent did then likewise find him to be a man Whereupon this examination asked him if that were all he had to which he answered I have a piece of an hole and thereupon this deputy commanded him to lie on his back and show the same And the said women searching him again did again find him to be a man Whereupon the examination did Command him to be put into man’s apparel And the day following went to Captain Basse, and told him that the said Hall was found to be a man and desired that he might be punished for his abuse . . . .

Thomas Hall examined saith that he being born at or near Newcastle upon Tyne was as he hath been often told Christened by the name of Thomasine and so was called and went Clothed in women’s apparel there until the age of twelve years at which age the said [Hall’s] mother sent him to his Aunt in London and there he lived … [until he cut his hair, dressed as a man, and joined the British Army], from whence when he was rested he came to Plymouth, and there he changed himself into women’s apparel and made bone lace and did other work with his needle, and shortly after Shipping being ready for a voyage into this Country he Changed again his apparel into the habit of a man and so came over into this Country.

It was thereupon at this Court ordered that it shall be published in the plantation where the said Hall liveth that he is a man and a woman, that all the Inhabitants there may take notice thereof and that he shall go Clothed in man’s apparel, only his head to be attired in a [woman’s hat] and [men’s pants overlaid] with a [skirt and] Apron before him And that he shall find securities for his good behavior from Quarter Court to Quarter Court until the Court shall discharge him and Captain Nathan Basse is ordered to see this order executed accordingly.

Source: H.R. McIlwaine, ed., Minutes of the Council and General Court of Colonial Virginia, 1622-1632 (Richmond, Va: The Colonial Press/Everett Waddey Co, 1924), 194-195.