E.M. Rust cited a number of documents as evidence that William RUST was in Lancaster, Northumberland, and Westmoreland Cos. It is true that he had no documentation for William's birth in England. If someone can show that William was born in VA (or elsewhere), I'd be very grateful. EMR *assumed* that William was an immigrant because he first appeared in the records associated with other English immigrants and was claimed as a headright. Nevertheless, a person could be claimed as a headright in VA if he was transported from another colony (such as Maryland). Here are some excerpts from EMR. Superscripts in the original are indicated by a caret. "The immigrant, William Rust, first appears on record as the witness, along with two others, to the will of Abraham Moone of Lancaster County, Virginia, April 24, 1654." Moone's will is archived at the Library of VA. Anyone can look at the microfilmed document to check EMR's accuracy. "The court at James City, Virginia, referred all matters concerning the estate of Abraham Moone to the Lancaster County court, where entries are found for several years thereafter with the following under date of November 5, 1656: 'Certificate of land according to Act is granted unto John Curtys for the transportacon of William Rust Jo: Brueton James Allison, one Negroe called Okeham, Eliz: a maide Serv:^t Gilbert Metcalfe henry AVery [sic].'" The early records of Lancaster Co should also be available at LVA on microfilm. "William Rust and wife Anne, October 25, 1661, deed a piece of land in Northumberland County to Mary Cole. On June 16, 1670, he is given a power of attorney by John Bowden, and on June 13, 1677,wm. Rust is discharged on 'Ye Good Behavior', along with others, which would indiate that he, or one of his name, had participated in Bacon's Rebellion. "On July 23, 1661, just three months before William and Ann Rust deeded land to Mary Cole, a William Ruske appears in the Northumberland records, when he is made guardian of Jane Medcalfe, orphan child of William Medcalfe, deceased, William Ruske being described as having married the sister of the said Jane. . . . Here EMR resorts to a slight stretch, but his inference is surely within the bounds of reason. Spelling of surnames in colonial records is maddeningly inconsistent. Northumberland Co records are microfilmed at the LVA. "On the same day that his sister-in-law, Jane Medcalfe, was committed to his guardianship, William Ruske served on a jury in the case of Thomas Philpot against Wilkes Maunder, and at that time the Virginia law required 'jurors shall be chosen of the most able men of the county.' (Law 1645, Henning's Statutes, vol. 1, p. 303) Hence William Ruske should have been a legal resident of Northumberland county on that day, and this is the single day's appearance, July 23, 1661, both as guardian and juror, but never before or after that day, in so far as careful search has been able to disclose. This day's court record, it seems clear, should be read William Rust instead of William Ruske. "As has been noted, just three months later, William Rust and his wife Ann make deed to property, and thereafter William Rust frequently appears in the Northumberland County, Virginia, records in law suits, as witness, and in other relations, and later on in Westmoreland County records as a resident of the extreme south part of that county, which as already noted, was made into Westmoreland County from former Northumberland County in 1653. . . . "William Rust claimed he held under a patent and survey made by Mr. James Gaylard and alleged: "'"he hath been more than Seventeene years possessed of y^e s^d Lands," which would carry his occupation of them back to 1671." "Westmoreland County records disclose numerous items in which the name William Rust appears, among which are: "Samuel Earle sells on July 10, 1673, 150 acres to Nicholas Jones. One of the boundaries of which is described as 'soe running up a swampe till you Come to W^m Rusts well where now he dwells.'" "Three weeks later, July 27, 1673, Samuel Earle sells half of a parcel of land binding (bounding) upon Nicholas Jones and bounding upon Robert Jadwin, to Ann Rust 'y^e wife of W^m Rust'; 'y^e s^d Anne Rust is to beginn uppon Nich: Jones & soe running y^e breadth of y^e s^d Lands till it be equally devided.' "On November 2 of the same year, Anne Rust appoints her loving friend, George Hales, to be her attorney to receive the acknowledgement of this parcel of land 'brought of Sam^ll Earle in my behalfe as far forth as if I were there at p^rsent.' D.7 w. 1665-77, P. 167, Westmoreland County. "Nicholas Jones, February 22, 1673-4, sells to William Rust a small parcel of land adjoining on the north side of William Rust's plantation. "William Rust buys, January 24, 1676-7, from Nicholas Jones the land the latter had bought from Samuel Earle. "Later, Samuel Earle Sr. and Bridget, his wife, make acknowlegment to a deed of land to 'W^m Rust sen^r and his wife.' This acknowledgment is dated September 27, 1693, though the instrument of conveyance appears to have been made on January 2." "There are many other items in the records of Westmoreland county in which William Rust, or his wife, or both of them are mentioned, such as: "Mary Cole appoints, May 25, 1670, William Rust her attorney to acknowledge her right and interest (probably dower) in a parcel, 50 acres, at the head of Nomini River, sold by her husband Marten Cole of Yeocimico [sic], to Richard Tedwell. . . . "Ann Jones, on November 18, 1673, wife of Nicholas Jones, makes her 'loving friend' William Rust her attorney to acknowledge all her right in 100 acres of land in the branches of Nomini, which her husband had sold to Captain John Lee. "William Rust and Samuel Leverton, on February 10, 1673-4, were witnesses to Bridget Earle's letter of attorney to John Bateman, to acknowledge sale of land by her late husband to Nicholas Jones. "William Rust and Ann Rust, on April 26, 1674, were witnesses to Samuel Earle's letter of attorney to Ja: Courtney, to confess judgment to Col. John Washington, for a debt Earle owed the latter. "Anthony Bridges, July 25, 1677, attaches 'Ye estate of Nich: Jones in y^e hands of W^m Rust.' Nat. Garland also attaches the same estate in the hands of William Rust. "William Rust, August 26, 1677, was one of the jury on the death of John Lamking (Lamkin). This was a coroner's jury to enquire into the circumstances of the death of John Lamkin, concerning which it is recorded that it was occasioned on his lifting his hat to a lady, when his horse taking sudden fright dashed under an overhanging limb of a nearby 'saplingg' whereby he was knocked off his horse and killed. "On the petition, September 1766, of George Lamkin and William Rust administration on the estate of John Lamkin is granted them, the sworn inventory being returned into court, November 22, 1677, and on November 25, 1677, Vincent Cox and Dr. John Bond became sureties on their bond as administrators. "William Rust and James Courtney, March 20, 1681, were appointed by the court as appraisers of the estate of Thomas Saunders or Sanders. Elizabeth, widow of Thomas Sanders, married Henry Bell, who subesquently died, and at the court in January 1686-7, William Rust shows that Henry Bell left one daughter, Seabrah, young and friendless. The court apprentices her to Rust until she is 21 or married. Rust agreed to provide for her during her apprenticeship and to give her a cow heifer. "At the same time, William Sanders, aged 7, son of Elizabeth by her former marriage, is apprenticed to Samuel Earle, his godfather, and Thomas Sanders, his brother, is apprenticed to Joshua Bayless, who is to teach him the trade of tailor, but not to employ him about the making of tobacco, and is to instruct him to read and write. It was the practice of the court on entering apprentice orders to stipulate the terms and conditions to which the guardians of such minors were to conform. "By an order of court, May 25, 1687, it is shown that Elizabeth Sanders had died and James Courtney and William Rust, 'two Legall men of the Neighbourhood' (i.e. legal residents), who under a former order of the court had appraised the estate of Thomas Sanders, were directed to divide the cattle of the estate of Elizabeth Sanders between her sons, Thomas and William. Joshua Bayles, to whom Thomas Sanders had been apprenticed, having since died, Thomas was apprenticed to John Gardner Jr.,who was to teach him the trade of house carpenter, turner, joyner, etc. . . . "William Rust, the elder, as guardian of John Cole, January 29, 1690, caused William Churn Jr. to be summoned for costs of suit recovered against him upon a certain action of trespass and ejectment. This doubtless was part of the litigation above referred to between William Rust and Churn. "Samuel Earle Sr., September 27, 1793, acknowledged a deed to Thomas Walker: 'And William Rust sen^r by vertue of a Letter of Attorney proved by the Oath of Arthur Notwell to be the act and Deed of Bridget Earle wife of the s^d Sam^ll Acknowledged her Relinquishment of Dower in and to the said bargained p^rmisses.' "Alexander Spence, in 1693, by virtue of a power from John and Jude Cole, proven by the depositions of William Rust and John Graham, acknowledged sale of land to John Gardner Jr. and the relinquishment of dower and thirds of same of Jude Cole. "In the suit of John Gardner Jr. v. Joanna Brown, administratrix of John Brown, deceased, January 28, 1696-7, it is ordered that James Orchard, William Rust, and Thomas Garland, or any two of them, appraise the estate of Brown. "On May 26, 1697, the administration of the estate of Samuel Earle Sr. is granted to his widow, Matilda Earle, who is ordered to return inventory, and Joseph Churnell, Thomas (elsewhere called Nathaniel) Garland, and William Rust, or any two of them, are named as appraisers of the estate. It is to be noted that Samuel Earle Sr. had wife Bridget living in 1693; that he later married Matilda, probably at the time a widow, since she is later referred to in the records, by Earle's son, as his father's widow who 'intermarried with one William Rust.' William Rust's wife, Ann, was living in 1693, when Earle deeded land to Rust and his wife, Ann. She probably died by May 1697, since it appears it was between that date and July 1697, that William Rust married Earle's widow, Matilda." "In May 1699, Samuel Bonum Jr. and William Rust failing to appear as grand jurors are to be fined unless they excuse their default at the next court. "In 1699 appear the following court entries: "'It is Ordered that W^m Rust doe on notice hereof repaire to Henry Rosse Gentl one of his Maj:^ties Justices for this County and upon his Corporall Oath declare what of the estate of John Wallis is in his hands. . . .' "William Rust Sr., June 28, 1699, is security for George Eskridge, administrator of Margaret Rust, widow of 101-William Rust, son of William Sr. . . . "A William Rust, in 1676, took part in Bacon's Rebellion, an uprising growing out of the annoying and oppressive conditions which surrounded the development of the Colony of Virginia. . . . Eleven men . . . were . . . discharged. . . . Among these eleven are William Rust and William Rush, the latter of whom lived in the extreme northern part of the county. This is further convincing evidence that William Rush and William Rust are not identical. "William Rust appears to have been well educated for the time, for unlike many of his neighbors and intimates, he always signed documents with his signature, never by mark. "The will of William Rust is noted in the records of Westmoreland County, Virginia, November 29, 1699, the instrument itself being missing except the opening part, which reads: "'I William Rust of Youcomoco in the parish of Cople in the County of Westmoreland daily finding myself to decline in my health, yet praise by god of Perfect sound mind and memory, observing the fraelty & uncertainty of Life doe make this my last will and Testament' "The court record reads: "'The last Will & Testament of W^m Rust decd was this day produced in Court And Jn^o Tanner & Simon Robins Severally deposed that they See the said W^m Rust Signe Seale and declare the same to bee his last Will & Testam^t and that hee was of perfect sence & memory at the same tyme to the best of their Judm's. A probate was grtd Sam^ll & George Rust Executors therein named And the Will ordered to be Recorded.'" Westmoreland Co land records are microfilmed at LVA. Anyone who doubts EMR's transcriptions can consult the original documents on film. That's the kind of evidence I am seeking for the identification of Martha GARNER with Martha -- Butler Rust. One authentic document from the 17th century would satisfy me. I'd even be happy with a *reference* to an original document so that I could order a copy of it for myself. Clearly EMR didn't find one, as he gives no maiden name for Martha. Kathleen Much kathleen@casbs.stanford.edu