Definition of the word bind over

The legal term "bind over" originated in England during the 14th century as a means to ensure that accused individuals appeared in court for their trial. At that time, accused persons would be summoned to appear in court through a process called "attaint". If the accused failed to appear, they would be declared guilty by default, and their lands and property would be confiscated by the crown. However, this harsh and draconian measure was amended by a statute passed in 1390, which allowed the accused to be "bound over" to appear in court by taking an oath, providing security, or both. This new procedure was less punitive and allowed the accused to avoid being found guilty by default. The word "bind over" comes from the Middle English phrase "bi-oūre", which literally means "under oath". The phrase evolved into "be bond over" and "bind over" in the 16th and 17th centuries, respectively. It has since become a common term in the English legal system as a way to refer to the ongoing supervision of a defendant before their trial or sentencing, often imposed by a judge as a condition of their release from custody.