Also 5 bayll, baill, 5–7 bayle, 6–7 bayl, bale, baile. [In senses 1 and 2, a. OF. bail ‘power, custody, jurisdiction,’ and ‘delivery,’ n. of action f. baillier, in its senses of ‘take charge of, guard, control,’ and ‘hand over, deliver’ (see BAIL v.1). The remaining senses are peculiarly English, and their development not quite certain. But from the Latin phrase tradere in ballium alicui, found 1259, and the AF. lesser en bail (1331), it seems that bail was originally related to sense 1, and meant the ‘custody or charge’ (i.e., of the surety); cf. also the equivalent mainprise, manucaptio. But it must soon have been associated in meaning with sense 2, and the AF. bailler to deliver (chattels), since already in 16th c. it was explained as ‘the delivery or handing over of the accused to his surety,’ whence transferred to the security in consideration of which he was so delivered, and finally to the surety himself who became or gave security for his reappearance in court when called for judgment. There is nothing approaching these senses in Fr., while, on the other hand, the Fr. sense ‘lease’ is not in English.
Fr. bail, the n. of action, must be carefully distinguished from bail ‘governor, ruler, tutor, guardian’ (= Pr. baile, Sp. bayle, Pg. bailio, It. bailo, balio:—L. bājulus), never adopted in English (though sometimes erroneously stated to be the direct source of sense 6). Bail = bājulus was the primary word; thence the vb. bailler = bājulāre; thence again the n. of action bail formed in French, and adopted in English. (The word is discussed by Coke 4th. Inst. 178.)]
† 1. Charge, custody, jurisdiction, power. Obs.
a. 1400. Cov. Myst. (1841), 292. His body is undyr your bayle.
1470. Harding, Chron., xxviii. In battaill greate hir tooke and putte in baill.
1489. Caxton, Faytes of A., I. xv. 39. So grete a thyng as is the bayll and charge of the noblesse.
1596. Spenser, F. Q., VII. vi. 49. Faunus, now within their baile.
† 2. A handing over, delivery, giving. Obs. [perh. not in Eng.; but cf. 4.]
[1292. Britton, II. ix. § 3. Cum acun bail de seysine deit estre fet. (When any livery of seisin is to be made.)]
† 3. The charge or friendly custody of a person who otherwise might be kept in prison, upon security given that he shall be forthcoming at a time and place assigned. Obs. (But the phrase admitted to bail, formerly let to bail, originated in this sense, though subsequently otherwise analysed.)
[1259. Provisions of Barons (Stubbs, Sel. Chart. 396). Quod hii quibus traditur in ballium eum habeant coram justitiis.
1331. Act 5 Edw. III., viii. Et ont este par les ditz Marescaux lessez en bail. (transl. Pulton: And by the Marshalles of the Kings Bench have been let to baile.)]
1581. Lambarde, Eiren., III. ii. (1602), 333. That no Iustice, por Iustices of peace, should let to bayle any person contrary to the said statute.
1649. Selden, Laws of Eng., I. xxxvi. (1739), 53. Admitted to Bail if the offences were bailable.
1809. Tomlins, Law Dict., s.v., To admit any to bail who ought not by law to be admitted is punishable by fine.
† 4. Temporary delivery or release from imprisonment, on finding sureties or security to appear for trial; also, release, in a more general sense. Obs.
1466. Mann. & Househ. Exp., 169. Robard Henengham becam sewerte to my mastyr for the bayle of on Willyam Valenden of Manytre that was in the castell of Colchestre.
1509. Barclay, Ship of Fooles (1570), 4. There shall be no bayle nor treating of mainprise.
1542. Act 34 & 35 Hen. VIII., xxvii. § 50. The Prenotarie to haue … for the bayle of euery person of felony, twelue pens.
1598. Rowlands, Betraying of Christ, 16. More dead then Lazarus in his stincking graue, When he deaths vaut till fift daies baile indured.
1642. Declar. Lords & Comm., 22 Dec., 6. To some common Goale, there to remaine without Bayle or Mainprize.
1768. Blackstone, Comm., IV. 294. The nature of bail is … a delivery, or bailment, of a person to his sureties, upon their giving (together with himself) sufficient security for his appearance.
5. Security given for the release of a prisoner from imprisonment, pending his trial.
[1331. Act 5 Edw. III., viii. Et ne les soeffrent nulle part aler walkerants ne par bail ne santz bail.]
1495. Act 11 Hen. VII., vii. They [shall] … be put to sufficient baill.
1580. Stow, Chron. Hen. VIII., an. 1540 (R.). Giuing liberty to … his prisoners to go under baill.
1605. Verstegan, Dec. Intell., x. (1628), 328. Putting in bayl to be freed or protected for the time from prison.
1607. Heywood, Wom. Kilde, Wks. 1874, II. 130. I am not free, I go but under baile.
1671. F. Philipps, Reg. Necess., 288. They ought not to be released until they … give Bayl to appear, and answer the action.
1691. Wood, Ath. Oxon., II. 146. He had his liberty upon bayle of 40000l.
1713. Swift, Cadenus & V., Wks. 1755, III. II. 30. That both parties Shou’d … appear, and save their bail.
1742. Middleton, Cicero, I. III. 193. A miserable, needy crew, who had … forfeited their bails.
1862. Trollope, Orley F., xiii. 98. His client … was prepared with bail to any amount.
b. fig. Security, surety, guarantee.
a. 1593. H. Smith, Serm. (1637), 350. Death would take no baile, we are all tenants at will and we must leave … at a day’s, at an houres warning.
1626. Bernard, Isle of Man (1627), 81. None being sufficient to lay in bayle to answer God for the sin.
1645. Milton, Tetrach., Wks. 1738, I. 251. Doubtless this man hath bail enough to be no Adulterer.
c. To give leg bail (jocular): to be beholden to one’s own legs for escape, to run away.
1775. Adair, Amer. Ind., 277. I had concluded to use no chivalry, but give them leg-bail instead of it, by … making for a deep swamp.
1841. Marryat, Poacher, xxii. Given them leg bail, I’ll swear.
6. The person or persons who procure the release of a prisoner from the custody of the officer arresting him, or from prison, by becoming surety for his appearance in court for trial.
The bail now becomes answerable with his money, but formerly he might have to give his own person as security, whence the phrase to be or become bail, i.e., security, as opposed to give or put in bail of sense 5.
1593. Shaks., 2 Hen. VI., V. i. 111. Sirrah, call in my sonne to be my bale. 120. The sonnes of Yorke shall be their Fathers baile.
1644. Milton, Areop. (Arb.), 56. His bayl and surety.
1649. Selden, Laws of Eng., I. xxxvi. (1739), 53. If the party bailed made default … his Bail suffered as Principal.
1676. D’Urfey, Mad. Fickle, V. iii. (1677), 65. Well, leave ’em with me, I’ll be Bail for their appearance to morrow.
1869. J. Martineau, Ess., II. 112. [He] must stand bail for himself in the court of truth.
fig. 1820. Byron, Juan, V. xcix. I won’t be bail for anything beyond.
1850. Thackeray, Pendennis, xxx. (1884), 292. Ye’ll spend it like a man of spirit—I’ll go bail for that.
¶ In consequence of the transition of meaning in senses 3–6, many phrases are current which are not easily analysed. ‘To say that the magistrate bails the prisoner (see BAIL v.1 2) is now somewhat old-fashioned. Generally, the magistrate accepts bail, admits to bail, allows bail, or (occasionally) holds to bail, or takes bail. I have also seen grants bail. The regular phrase of the Statute-book is, I think, “the magistrate may admit him to bail.” In 45 Geo. III, c. 92, the magistrate also takes bail, the prisoner gives bail. Bail is also offered by the prisoner, and may be refused by the magistrate; on the day appointed his bail surrender, render, bring in, or produce him in court, or the accused surrenders to his bail. In the latter phrase, there is a notion of his delivering himself up in discharge of the recognizances into which he himself, as well as his sureties, has entered, for his appearance. This idea also colours the later use of hold to bail, admit to bail.’ (F. W. Maitland.)
7. Comb. Bail-bond, the bond or security entered into by a bail; bail-piece (see quot.).
1709. Act 7 Anne in Lond. Gaz., No. 4538/1. All Bail Bonds given by the said Ambassador … are utterly Null and Void.
1815. Scott, Guy M., lii. Where shall we find one to draw the bail-bond?
1768. Blackstone, Comm., III. 291. Which recognizance is transmitted to the court in a slip of parchment intitled a bail piece.
