The Life & Trial of William Bentley I
Bentley Family
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William is tried and convicted for murder but never executed?!?! 
The story of how a murderer was set free and flourished in Colonial times. 
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The NICE Version
 
"In March 1628, in Virginia a person found guilty of manslaughter escaped death because he could read and write. The persons concerned in the case are not Surry people but it is thought this incident may be of general interest.
 
One William BENTLEY, who patented land in Elizabeth City in 1624 (C. P. 5 0) was brought before the General Court on a charge of manslaughter. The first witness was Richard RICH, aged 25,  who testified "that on the 8 th day of February last, Thomas GODBY, the deceased, was at the  house of William PARKER at Merry Point, and that he, the deponent, and divers others, drank  between them five pints of burnt claret wine, that Thomas GODBY consumed about four cups of  the same. At which time William BENTLEY, who has just come ashore in a boat, came into the house and asked if it were not their orders when they heard a man call to come help them out      of a boat. Whereupon GODBY answered `do you think we have nothing better to do but to fetch you out of the water.'
 
BENTLEY replied `hold your peace' and GODBY called BENTLEY a rascal and a rogue and BENTLEY did the like to him.  Thereupon the said BENTLEY, sitting upon the bench on the left side of GODBY, struck him from the bench and presently rose up and gave him a kick as he lay upon the  ground.   And in the morning GODBY was found dead in the said house."
  
William BENTLEY had pleaded "not guilty" and had asked for a jury trial. (Put himself upon the  Country). A jury of 12 men of whom was Francis FOWLER of Surry, "found the said BENTLEY guilty  of manslaughter and he being asked what he had to say for himself that he ought not to die demanded his clergy whereupon he was discharged to the Ordinary" 
 
Before the ordinary in a church court BENTLEY would be required to plead not guilty and to produce witnesses who would state that they believed the defendant's oath. Nothing as to the fate of BENTLEY is shown but he probably escaped further punishment as no witnesses were heard against a prisoner in a church court and he was usually purged of the charge and set free.   

 

The NOT SO NICE Version
 
On the night of Feb. 8, 1628 the events resulting in the death of Thomas Godby at the hands of William Bentley occurred leading to the trial of William Bentley. The death of Thomas Godby, in the fourth year of the reign of King Charles, is a fascinating episode in Godby family history. An account of it survives in the "Journal of Council and General Court of Virginia"  (pp. 190-191). A transcription of this is found in The Middleton Family by Beth Engel. Over 370 years after Thomas Godby's death, his actual words and actions are preserved in the trial record as reported by two witnesses, Richard Peck and William Parker. Godby was at William Parker's house on Merry Point with five others including Richard Peck. After supper, the group shared a bottle of about 5 pints of burnt claret wine and Thomas Godby had about four cups.    
 
William Parker admitted he was a little light headed after eleven o'clock when William Bentley ran aground in Mr. Conges' boat on the shoals against Parker's house. The impression given is that Bentley was floundering in the water shouting for help to a house of men too busy drinking to pay any attention to what was happening outside.   
In any case, Richard Peck said Bentley came into the house, probably wet and angry, and asked sarcastically if their orders were to hear men call and not come to help them out of the water. Godby answered him, "Do you think we have nothing to do but to fetch you out of the water?" William Parker's testimony was that Bentley had asked why no one in the house had brought light to help him and that Thomas Godby had said, "Was anybody bound to bring you light to fetch you from the water?" Both Peck and Parker said Bentley told Godby, "Hold your peace, nobody speaketh to you."   This apparently tense moment seemed to pass with all sitting by the fire and "many jesting words" passing between Bentley and Godby but Peck said that Godby "gave Bentley many provoking words" which led to harsher words. After many exchanges, Peck reported that Bently said "Shall we toss some balls?" whereupon Godby said, "If you toss balls to me I will toss the cup in your face." Parker said that Bently called Godby a "cuckold" to which Godby replied, "I would as soon be a cuckold as a cuckold maker." Both witnesses agreed that Godby called Bentley names such as a "rogue", "rascal", and "knave", and   
Peck said that Bentley replied in kind.
 
Both witnesses agree that Thomas Godby and William Bentley were sitting beside each other on a bench and at this point, Bentley hit Godby with his left hand on Godby's left ear knocking him onto the floor. The incident perhaps would have only been a drunken fight except that Bentley then stood and kicked Godby until the others separated the two.   Thomas Godby then set upon a chest or a chair but cried out, "Oh my belly and my bride" and tried to walk two or three turns across the house. Probably in an attempt to keep the two separate, William Parker advised Godby to go next door to Richard Peck's house to sleep. Parker and Peck led Thomas Godby outside and Parker went back to his house leaving Peck and Godby going to Peck's house.  
 
Peck testified that on the way, Godby fell down crying out repeatedly, "Oh, Bentley, thou hast killed me" and "I am cruelly fixed." Peck and some of the others then carried Godby back to Parker's house. Parker said they hadn't been gone 15 minutes when Godby was brought back and laid on a bed still crying out, "Oh Mr. Bentley, you have killed me" repeatedly and also saying "Lord have mercy upon us. Lord Jesus receive my soul" before finally laying very quietly. Parker, thinking Godby was now asleep left him but in the morning found he was dead. William Bentley was indicted for feloniously killing Thomas Godby against the peace of the King. Bentley pleaded "not guilty"  but the 12 jurors convicted him of manslaughter. When asked what he had to say for himself and why he shouldn't die for his crime, Bentley demanded his Clergy. A person who could read could   
claim "benefit of clergy" and after reading from the Bible as proof be freed from other punishment.
 
And so Thomas Godby was buried and William Bentley was freed. On October 16, 1629 William Bentley, representing Nuttmegg Quarter (listed next to Elizabeth City), was seated in the Virginia House of Burgesses along with several of the jurors who convicted him including Richard Kingsmill, John Harris, Thomas Bagwell, and Thomas Harwood.