Captain Parker v Lord Clive
| Jurisdiction | England & Wales |
| Judgment Date | 26 April 1769 |
| Date | 26 April 1769 |
| Court | Court of the King's Bench |
English Reports Citation: 98 E.R. 267
IN THE COURT OF KING'S BENCH
Referred to, R. v. Cuming, 1887, 19 Q. B. D. 16.
[2419] captain parker ver. lord clive. Wednesday, 26th April, 1769. Military officers in E. I. Co.'s service cannot resign when they please. [Referred to, E. v. Cuming, 1887, 19 Q. B. D. 16.] This was an action brought by an officer in the military service of the East India Company, against the defendant, who was commander in chief of their forces in India, for an assault and false imprisonment. The transaction arose in the East Indies, upon a dispute about a perquisite called batta, which had been received by former military officers there; but was thought proper, by Lord Clive, to be discontinued in future, or at least considerably lessened. The officers were exceedingly dissatisfied with this reduction of their pay or perquisite, which had been allowed to their predecessors ; and resented it so highly, that about 175 of them threw up their commissions and quitted the service; of which number Captain Parker was one. Whereupon Lord Clive, as commander in chief, imprisoned 268 PARKER V. CLIYE 4 BUER. 2420. him; and he was kept four months in custody ; but a court martial being called upon the occasion, he was tried by it, and acquitted : as they apprehended him to have a right to resign his commission and quit the service. Lord Mansfield, before whom the cause was tried, held that these military officers in the service of the East India Company were not at liberty to resign their commissions, and quit the service, at any time and under any circumstances, merely ad libitum, whenever they themselves should think fit or be so inclined. If that were the case, then indeed it would follow, that after resigning their commission, and thereby ceasing to be objects of military jurisdiction, Lord Clive could no longer have any power over them. This is the true question, in the present case : it turns singly upon the plaintiff's having or not having this option to resign ; that is, " whether such an officer can quit the service whenever he pleases, at any time and under any circumstances whatever." His Lordship thought he could not. But in order to take the opinion of the whole Court upon the point of law, he directed that the plaintiff should be non-suited, but with liberty to move the Court to set aside the non-suit, without payment of costs. Such motion was accordingly made; and the point was argued on...
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