Waitstill Winthrop (27 February 1642 – 7 November 1717) was a colonial magistrate, military officer, and politician of New England.
Winthrop was the grandson of John Winthrop, a founding governor of the Massachusetts Bay Colony.Dunn, Richard. Puritans and Yankees: The Winthrop Dynasty of New England. Princeton University Press. 1962.
During King Philip's War in the 1670s and King William's War in the 1690s, he led the Massachusetts provincial militia. Politically populist, he worked against royal governors, especially Joseph Dudley, and sought the restoration of the first Massachusetts charter.
In 1692, he was appointed by Governor Sir William Phips as one of the magistrates of the Court of Oyer and Terminer that heard the Salem witch trials. That same year he was elected to membership in the Military Company of Massachusetts and was also elected as captain of the Company in June.
When the provincial courts were organized under the new charter of the Province of Massachusetts Bay, Winthrop was one of the initial appointees as an associate justice of the Superior Court of Judicature, as the province's highest court was known.
He held this position until the death of chief justice and acting governor William Stoughton, at which time the Governor's Council appointed him to be chief justice. Political forces allied to him were preparing to travel to London to lobby on his behalf for the position of governor when it was learned that Joseph Dudley had received the appointment. Winthrop then tendered his resignation as chief justice. In 1708, Dudley reappointed him to be chief justice, a position he held until his death in 1717.
Winthrop was also active in other pursuits. When not working at his public duties, he devoted himself to agriculture and the study of medicine, often providing assistance in these arts to his neighbors.
On 13 November 1707, Winthrop married for the second time to Katherine (née Brattle) Eyre (1664–1725), the widow of John Eyre and daughter of Captain Thomas Brattle. Her brother was Thomas Brattle, a merchant who served as treasurer of Harvard College and is known for his involvement in the Salem Witch Trials.
Winthrop died on 7 November 1717.
Through his only surviving son, he was the grandfather of John Still Winthrop, himself the father of Thomas Lindall Winthrop (1760–1841), the 13th Lieutenant Governor of Massachusetts.
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