Case History

THE

 

Parsons’ Cause Foundation, Inc.

 

HANOVER COURTHOUSE, VIRGINIA

In December 1763, a young lawyer named Patrick Henry argued a case in the Hanover County Court which established his reputation as an orator.  Historians view the case as the "opening salvo" of the American Revolution.  In his arguments Henry maintained that government was a conditional compact between the king and his subjects.  He asserted that by interfering with a law passed by the Virginia House of Burgesses the King was behaving as a tyrant and had sacrificed his right to the obedience of the people in this case.  The case would come to be known as "The Parsons' Cause".

The case involved the salaries of clergymen of the Church of England, the official state church.  From 1682 until 1755 they were usually paid in pounds of tobacco which could be very profitable depending on the market value each year. 

 

 

In 1758 the Virginia House of Burgesses passed a new law permitting payment to them in money at a fixed rate of 2 pence per pound of tobacco which in effect reduced their salaries.  The ministers attempted to have the law changed.  When they were unsuccessful they appealed directly to the king, bypassing the Virginia legislators. 

One clergyman, The Rev. John Camm, traveled to England with a petition for the veto of the act in 1759.  It was vetoed by an order of the Council.  He returned to Virginia and brought suit in the Virginia courts.  This infuriated the general public.

A number of clergymen sued to recover damages.  The Rev. James Maury of Fredericksville Parish in Louisa County brought suit in the name of his vestry against the collectors of the parish levies.  This trial took place in Hanover County which was the center of religious dissent in Virginia.  Col. John Henry, Patrick's father, presided.  He ruled in favor of Maury and set a jury trial for December 1763 to determine the actual amount of damages owed to the Rev. Maury.  The minimum amount which could be awarded was one penny.  Prior to this trial the lawyer on the losing side quit and the young Patrick Henry was asked to take his place.

The rest is history!