The case was a forlorn hope, and Patrick Henry, the awkward but clever country pettifogger, was retained to defend the "Parsons' Cause," because he had opinions in the matter and no reputation to lose.
First, let it be known that Virginia had an Established Church, which was really the Church of England. The towns were called parishes, and the selectmen, or supervisors, were vestrymen. These vestrymen hired the rectors or preachers, and the money which paid the preachers came from taxes levied on the people.
Now, the standard of value in Virginia was tobacco, and the vestrymen, instead of paying the parsons in money, agreed to pay each parson sixteen thousand pounds of tobacco, with curates and bishops in proportion.
But there came a bad year; the tobacco-crop was ruined by a drought, and the value of the weed doubled in price.
The parsons demanded their tobacco; a bargain was a bargain; when tobacco was plentiful and cheap they had taken their quota and said nothing. Now that tobacco was scarce and high, things were merely equalized; a contract was a contract.
But the people complained. The theme was discussed in every tavern and store. There were not wanting infidels to say that the parsons should have prayed for rain, and that as they did not secure the moisture, they were remiss. Others asked by what right shall men who do not labor demand a portion of the crop from those who plant, hoe and harvest?
Of course, all good Church people, all of the really loyal citizens, argued that the Parsons were a necessary part of the State—without them Society would sink into savagery—and as they did their duties, they should be paid by the people; they served, and all contracts made with them should be kept.
But the mutterings of discontent continued, and to appease the people, the House of Burgesses passed a law providing that, instead of tobacco being a legal tender, all debts could be paid in money; figuring tobacco at the rate of two cents a pound. As tobacco was worth about three times this amount, it will be seen at once that this was a law made in favor of the debtor class. It cut the salaries of the rectors down just two-thirds, and struck straight at English Common Law, which provides for the sacredness of contract.
The rectors combined and decided to make a test case. The Parsons versus the People—or, more properly, "The Reverend John Maury versus The Colony of Virginia."
Both law and equity were on the side of the Parsons. Their case was clear; only by absolutely overriding the law of England could the people win. The array of legal talent on the side of the Church included the best lawyers in the Colony—the Randolphs and other aristocrats were there.