Life Story: Thomas(ine) Hall

Gender Non-conforming in Colonial Virginia

This is the story of an intersex person who ran afoul of a small community in colonial Virginia.

A print depicting two French peasants in the foreground; a bearded man to the right with a downward facing musket and a sword on his backside conversing with another with a goatee while other villagers and animals are in the background.
Les Deux Paysons

Unidentified artist, Les Deux Paysons de Sainct Ouen et de Mont–Morancy dans leur Agreable Conferance Touchant la Guerre de Paris, 1650. The University of Texas at Austin, Harry Ransom Center.

A 1643 etching of a young woman carrying a basket, facing left, wearing a white cap and collar with a frilly end set upon a dark bodice, with fabric wrapped around the top of her floor-length skirt.
Civis Coloniensis Filia

Hollar, Wenceslaus, Bohemian (1607–1677) Civis Coloniensis Filia, 1643. Etching. New Hollstein, no. 501, State i/iii National Gallery of Art, Rosenwald Collection, 1943.3.4991.

This video was created by the New-York Historical Society Teen Leaders in collaboration with the Untold project.

NOTE: Because there is no record indicating which gender Thomas(ine) preferred to be identified with, their pronouns will change throughout the narration of this story depending on which identity they had assumed/been assigned at that point in the story.

According to his own testimony, Thomas Hall was born and named Thomasine around the year 1600 in Newcastle-upon-Tyne, England. Thomasine was raised as a woman. When she turned 12, she was sent to live with her aunt in London, where she still “went clothed in women’s apparel.”

When Thomasine was about 24 years old, her brother was drafted into the English Army, and she decided to go with him. Thomasine cut her hair, put on men’s clothing, and joined the Army as Thomas. Thomas served in the army for a year. When his service was done, he settled in Plymouth, England, at which time he put on women’s clothing and started living as Thomasine again.

Thomasine stayed in England for a few years longer. She made a living by crafting bone lace and doing other needlework, traditional women’s work. Like other lower-class people of her day, Thomasine was interested in the opportunities for a new life in the English colonies of North America. She decided to take her chances in the New World as an indentured servant. In late 1627, she put on men’s clothing and became Thomas before setting out across the Atlantic Ocean.

When Thomas arrived in the colony of Virginia, he went to work for John Tyos on a tiny tobacco plantation in Virginia. At first, Thomas continued to dress and do the work of a man, but at some point, he started to dress as a woman and take on traditional female labor. John Tyos appears to have had no problem with this switch, as he swore to the community at large that Thomasine was female. But other members of the community were less comfortable with the change. There were rumors that Thomasine had had sex with a maid from another household. If Thomasine was male, this act was the crime of fornication, and he would have to stand trial. But if Thomasine was female, there was no crime. Simply accepting Thomasine at her word was not an option.

Three respected married women of the community inspected Thomasine’s body. They decided that Thomasine was definitely a man, but Thomasine’s master John continued to disagree. The situation got more complicated when John Atkins, another member of the community, started to consider buying Thomasine’s contract from John Tyos. John Atkins did not feel comfortable making the purchase unless he was sure of her gender. Without knowing if Thomasine was a man or a woman, he could not be sure what kind of work Thomasine was capable of doing, or what price to pay for her contract. John Atkins appealed to a plantation owner in the community. The plantation owner interviewed Thomasine, who confessed that she had “a piece of flesh growing at the . . . belly as big as the top of his little finger,” but that she “had not the use of the man’s parts.”

This quote reveals that Thomasine was an intersex person, someone born with a combination of men’s and women’s genitalia, but she didn’t have full use of her penis. The plantation owner considered Thomasine’s confession reasonable, and ordered that from then on, Thomasine would wear women’s clothing, signifying her status as a female laborer in the colony. Satisfied with this conclusion, John Atkins purchased Thomasine’s labor contract, and she took up a position in his home as a female laborer.

From that point forward, Thomas(ine) was required to wear the clothing of both sexes: the breeches and shirt of a man with the cap and apron of a woman.

The women who first inspected Thomasine were unhappy with this decision, so they conducted a second examination of her body while she was asleep. Then they invited John Atkins to inspect her, too. During this third examination, Thomasine confessed to having “a piece of a hole,” her first reference to having female anatomy, but her wording implies that, like her penis, her vagina was not fully functional. Atkins and the women searched Thomasine for evidence of a vagina, and when they didn’t find it, they went back to the plantation owner, who reversed his decision and declared Thomas must wear men’s clothing from that point forward. At this point, the entire community was aware of Thomas’s story, and two more men examined Thomas when they came upon him in the road. The men stripped Thomas, pulled out his parts, and decided that Thomas was “a perfect man.” As far as the community was concerned, the question of Thomas’s gender was settled. Now they had to punish Thomas for the crime of pretending to be a woman and upsetting the whole community.

This is how Thomas Hall found himself standing before the Quarter Court of Virginia in 1629, sharing a gender-defying life story that upset all of colonial Virginia’s understandings of the roles of men and women. After listening to Thomas’s story