"Nay," said Master Increase Nowell. "If we confine ourselves strictly to what we find in the Scripture, I fear it might strike, in some respects, at the proceedings of our government. The sounder rule, it appears to me, is to follow Scripture as far as we may, having regard to the difference of the circumstances."
"Such hath been our endeavor," said Endicott. "The manner of our dealing with the vile and pernicious weed, tobacco, sufficiently illustrates the principle of our government. The wisdom of the godly founders of the plantation at Salem, the charge whereof was entrusted to my weak hands, did clearly perceive the lamentable effects, both to the souls and bodies of the users, hebetating the former, and debauching the latter, likely to arise from an indulgence therein, and they did therefore, both in their first and second letter of instructions to myself and the Council, straightly enjoin that no tobacco should be planted by any of the new planters under our government, saving under close restrictions, and that the same might be taken by ancient men and none other, and that privately. Now, there were those affecting to be pinched with tender consciences, who said that this was an infringement of their natural liberty, authorized by no rule of Scripture, to whom we made answer that the said abominable weed, the smoke whereof may fitly be compared to the vapor from the bottomless pit, was not known in those primitive days, and for that reason, no rule regarding it was to be found, showing at the same time that other things, less objectionable, (as it would seem,) were prohibited, and thus by parity of reasoning, establishing our point. Concerning this matter, as I understand, there is little difference of opinion among us, although a report hath of late reached my ears, that certain men in high position, even elders, having become addicted to the use thereof, are beating about for reasons to excuse their backsliding."
"A calumny, doubtless," said Winthrop. "But touching the principle involved in matters of government, I will deliver my opinion. Of things coming within the scope of government, I judge there are two classes; whereof, the one class may be said to consist of things mala in se—that is, of those which, by an inner quality or essence, are evil; and the other, of such as are mala ab extero, or what may be connected with them and made evil only by a positive law of the State, in which is vested the duty of watching over the common good. The fantastic notions of certain libertines, who, setting at naught the experience of the world, and fondly imagining that wisdom will die with themselves, have insinuated a doubt of the rightful power of the law-giver in this latter particular, I condemn, and see not how government can exist without it. Now, as for things embraced in the former category—such, for example, as those prohibited in the decalogue—there can be no doubt of the duty of every Christian State to see that the prohibition be sustained and enforced even by extreme penalties, if otherwise the end cannot be reached. But as for those contained in the latter category, a wide latitude of opinion may and doth exist among brethren with regard to the extent whereunto the Sovereign power should go in imposing restraint. Some, with queasy consciences, are for making most of the duties of life to be practised, whether of a civil or religious nature, and also the vices to be avoided, matters of public enactment; while others as honestly hold, that the cause of virtue is not thereby promoted, but that, contrariwise, the very prohibition, when not based either on the law of God or the plain and unequivocal reason of the thing, doth act oft-times as a stimulus or uneasy incitement to the breach of law, besides making men hypocrites and time-servers. I may not dilate, but merely hint this much, not doubting that your quick-conceiving minds have already sounded the depths of the subject. And now, touching the matter more immediately in hand, which is the proposition of Master Endicott concerning apparel, and also the expediency of females wearing veils in the congregation, it seems to me to belong plainly to things indifferent, and not to be of instant or pressing importance, requiring present action; and as there is a difference of opinion in the Council respecting it, I propose that it be postponed, and meanwhile referred to the grave judgments of the elders, more especially as the wearing of veils is a thing connected with the assembling together of the congregation in the Lord's house."
"We are content that it should take that course," cried several voices. And such, accordingly, was the disposition made of Master Endicott's sumptuary motion.
"Time doth wear," said Sir Richard Saltonstall. "Were it not well to proceed to the examination of the woman?"
"If no objection be offered, I will consider such to be your minds," said the Governor. A silence following, the servitor was ordered to conduct the person calling herself Lady Geraldine De Vaux to the presence.
While awaiting her arrival, the conversation re-commenced upon a subject which seemed to possess peculiar interest for Endicott.
"I cannot abide it," said he to his next neighbor.
"May I inquire what excites your indignation, master Endicott?" said Winthrop.
"The detestable fashion of wearing long hair, after the manner of ruffians and barbarous Indians, which is beginning to invade our Canaan, contrary to the rule of God's word, which says that it is a shame for a man to wear long hair, and contrary also to the commendable custom generally of all the godly of our nation, until within these few years."