Thomas Bonham v College of Physicians (1610) 8 Co Rep 114 (Dr Bonham’s Case)

Facts:
  • Bonham, a trained medical doctor, petitioned to join the College of Physicians but was rejected
  • Bonham applied for membership again; this time his rejection was accompanied by a fine and a threat of imprisonment should he continue his practice
  • Bonham claimed that the College had no power over Oxford and Cambridge graduates
  • Bonham was imprisoned and sued for a fine for maintaining an illicit practice at the King's Bench

Issue:
  • The College claimed to have statutory basis for its allegation that it was free to decide who could practice medicine and to punish those without a licence
  • Bonham argued that the statutes aimed to prevent malpractice but did not relate to practice without a licence

Held:
  • Two-judge minority sided with the College held that the statutes conferred powers on the College that were to be exercised on behalf of the King
  • Majority found for Bonham and Sir Coke claimed that the power to impose fines on those involved in illicit practice and the power to imprison practitioners for malpractice were separate

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