Jonathan Corwin had been associated with Hathorne in conducting the examinations that have been described. He was a son of George Corwin, who has been noticed in the account of Salem Village.
A shade of illegality rests upon the very existence of this special court. There has always been a question whether the new charter gave to the governor and council power to create it without the concurrence of the House of Representatives. It has been held that such a court could have no other lawful foundation than an act of the General Court. Hutchinson was evidently of this opinion. This question was a very serious one; for, as that considerate and able historian and eminent judicial officer says, the tribunal that passed sentence in the witchcraft prosecutions was “the most important court to the life of the subject which was ever held in the province.” The time required to convene the popular branch of the government is itself, in all cases, an element of safety. In this case, it would have carried the country beyond the period of the delusion, and saved its annals from their darkest and bloodiest page. The condition of things when he arrived, had his counsellors been wise, would have led Sir William Phips forthwith to issue writs of election of deputies, before taking any action whatever. In a free republican government, the executive department ought never to attempt to dispose of difficult matters of vital importance without the joint deliberations and responsibility of the representatives of the people.
So far as the composition of the court is considered, no objection can be made. The justices were all members of the council, and belonged to the highest order, not only of the magistracy, but of society generally. They constituted as respectable a body of gentlemen as could have been collected. Thomas Newton, of Boston, was commissioned to act as attorney-general. The official title of marshal ceasing with the new government, George Corwin was appointed sheriff of the county of Essex. Herrick appears to have continued in the service as deputy. Sheriff Corwin was twenty-six years of age. He was the grandson of the original George Corwin, and the son of John. His mother was grand-daughter of Governor Winthrop of Massachusetts, and daughter of Governor Winthrop of Connecticut. His wife was a daughter of Bartholomew Gedney; so that it appears that two of the judges were his uncles, and one his father-in-law. These personal connections may be borne in mind, as affording ground to believe, that, in the discharge of his painful duties, he did not act without advice and suggestions from the highest quarter.


