COLONIAL
SURRY - Surry People Before the Council and General
Court - page 81
Death of Thomas Godby
Benefit of Clergy Claimed
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.), 50 - was brought before the General Court on a
charge of manslaughter. The first witness was Richard Rich,
age 25, who testified "that on the 8th 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 had just come
ashore in a boat came into the house and asked if it were
not their orders when they heard men call to come and help
them out of a boat, Whereupon Godby answered "do you think
we have nothing 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. *** Godby could not sit up but tumbled down crying
out, "Oh bentley, thou has kelled me", and also said of him
"I am cruelly foxed." *** 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 one 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 Ordinaray."
Before the ordinary in a church court Bentley would be
required to plead not guilty and to produce witnessess 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 witnessess were heard
against a prisoner in a church court and he was usually
purged of the charge and set free.
Thus it seems the English doctrine of the Benefit of Clergy
became a part of the Virginia laws.
In England, when a prisoner claimed benefit of clergy, the
text usually selected by the Court for him to read was the
first verse of the 51st Psalm beginning "Miserere mei
deus", "Lord have pity on me".