Brief and Different History of Bail

In medieval England a thousand years ago, the sheriffs, a contraction of shire-reeve had the authority to release or hold suspected criminals. In fact shire reeves were elected and employed to assist in the detection and prevention of crimes.

Groups of 10 families or "tithings" were commissioned for an early form of neighborhood watch, and were organized into groups of 100 families or "hundreds." The hundreds were supervised by a constable. Groups of hundreds within a specific geographic area were combined to form shires and were under control of the king and they elected a reeve. The shire-reeve set and took bail.

The Statute of Westminster (1275) defined the discretion of sheriffs with respect to bail.

In the early 17th century, King Charles I ordered noblemen to issue him loans. Those who refused were imprisoned. Five of the prisoners filed a habeas corpus petition arguing that they should not be held indefinitely without trial or bail. In the Petition of Right (1628) Parliament argued that the King had flouted Magna Carta by imprisoning people without just cause.

The Habeas Corpus Act 1679 considified it further stating, "A Magistrate shall discharge prisoners from their Imprisonment taking their Recognizance, with one or more Surety or Sureties, in any Sum according to the Magistrate's discretion, unless it shall appear that the Party is committed for such Matter or offences for which by law the Prisoner is not bailable." The English Bill of Rights (1689) states that "excessive bail hath been required of persons committed in criminal cases, to elude the benefit of the laws made for the liberty of the subjects. Excessive bail ought not to be required." This was a precursor of the Eighth Amendment to the US Constitution about 100 years later.
In the 18th and 19th century American Wild West the Sheriff, Judge and bail bondsman pretty much ran things. Following the English pattern the Sheriff was also the tax collector taking a share for himself with predictable consequences.

Today that troika has desolved. Bail and bail bondsmen are highly regulated. But, there are still abusers. So, it is always wise to seek out a bail bondsman with a stellar reputation, credentials, and ethics to protect your rights that have taken a thousand years to build.

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