‘twelve good men and true’: meaning and origin

The dated phrase twelve good men and true designates a jury in a lawcourt.

This phrase occurs, for example, in Up on their perfumed cloud, sometimes lawyers don’t have a clue, by Miriam Lord, published in the Irish Independent (Dublin, County Dublin, Ireland) of Saturday 28th January 2006:

In Ennis on Tuesday, some minor court business had to be dealt with before the main feature unreeled—just the small inconvenience of empanelling an old-fashioned jury for the next murder trial.
But by the time Judge Carney reappeared for Wayne O’Donoghue’s sentencing hearing, the new order was back in place and sitting expectantly in the jury box.
Not twelve good men and true—that’s old hat, but as many journalists that could possibly be squeezed along the two benches designated for jurors. These seats offer the best view in the house.

The earliest mention that I have found of twelve good men and true selected to form a jury in a lawcourt is from Of the sessions of gaole deliuerie, and the definitiue proceedinges in causes criminall, in De Republica Anglorum. The maner of Gouernement or policie of the Realme of England (London: Printed by Henrie Midleton for Gregorie Seton, 1583), by the English scholar, diplomat and political theorist Thomas Smith (1513-1577):

If he pleade not guiltie, as commonly all théeues, robbers, & murtherers doe, though they haue confessed the fact before the Justice of the peace that examined them, though they be taken with the maner, which in Latine they call inflagranti crimine, howesoever it be, if he pleade there not guiltie, the Clarke asketh him howe he will be tryed, and telleth him he must saie, by God and the Countrie, for these be the words formall of this triall after Inditement, and where the Prince is partie: if the prisoner doe say so, I will be tryed by God and the Countrie, then the Clarke replyeth, Thou hast béene endicted of such a crime, &c. Thou hast pleaded not guiltie: being asked how thou wilt be tryed, thou hast aunswered by God and by the Countrie. Loe these honest men that be come here, be in the place and stead of the Countrie: and if thou hast any thing to say to any of them, looke vpon them well and nowe speake, for thou standest vpon thy life & death. Then calleth he in the first Juror, B. C. come to the booke, and so giueth him an othe to goe uprightlie betwixt the Prince and the prisoner, &c. If the prisoner obiecteth nothing against him, he calleth an other, and so an other, till there be xii. or aboue: and for the most part the prisoner can say nothing against them, for they are chosen but for that day, and are vnknowen to him, nor they know not him, as I said being substantial yeomen, that dwell about the place, or at the least in the hundred, or néere where the felonie is supposed to be committed, men acquainted with daily labour and trauaile, and not with such idle persons, as be readie to doe such mischiefes.
When the enquest is full, and the prisoner hath obiected nothing against them, as in déede seldome he doeth, for the cause aboue rehearsed: The clarke saith to the cryer, countes, (in French as ye would say recken) and so nameth all those that be on the quest. The crier at euerie name cryeth aloude, one, then ij. iij. iiij. and so till the number be full of xii. or more, & then saith good men and true.

The earliest occurrences of the phrase twelve good men and true that I have found are as follows, in chronological order:

1-: From The Scourge of Corruption. Or a crafty Knaue needs no Broker (London: Printed for Henry Gosson and William Houlmes, 1615), by Anthony Nixon (fl. 1592-1616):

Therefore Nemo let it bee your worke to draw an in­ditement against Corruption at the next Sessions, and pre­ferre it to the great inquest of Honesty, what though they bee for the most poore, thats the better for our purpose. Some of the old inquest were mixt with Asses, that had no more wit then the gold that loaded them, others were one­ly forenoone men, and fitter to ly and sleepe after drinking, and their dinner, then sit or stand on causes betwéene the innocent and the guilty: diuers, or the most part were cherishers and seruants of Corruption, and except some very few, they were hard-hearted cowardly fellows, that for feare of Commitment, durst not speake their conscien­ces: but our inquest of Honesty are confident men, and will rather die then deliuer vntruths: as for example,
Mr. Humf. Honesty ye Foremā.
Thomas Teltroth.
Daniell Dread-naught.
Samuell Sufferance,
Peter Pay for-all.
Clement Consideration.
Gabriell Goodman.
Ionas Iudgement.
Bartholomew Bettercause
Francis Free-heart.
Nicholas No-lyer.
Marmaduke Man-loue.
Twelue good men and true: but if any of these should be out of towne, or otherwise imployed, there is,
Ferdinando Fearelesse.
Henry Hate-hurt.
Leonard Loue-trueth.
With sundry other, that Honesty will informe you off.

2-: From The Muses looking-glasse (Oxford: Printed by Leonard Lichfield for Francis Bowman, 1638), by the English poet and playwright Thomas Randolph (1605-1635):

There is a new trade lately come up to be a vocation, I wis not what; they call ’em—Boets, a new name for Beggars I think, since the statute against Gypsies. I would not have my zon Dick one of those Boets for the best Pig in my styeby the mackins: Boets? heau’n shield him, and zend him to be a good Varmer; if he can cry hy, ho, gee, hut, gee, ho, it is better I trow then being a Poet. Boets? I had rather zee him remitted to the jayle, and haue his twelve God-vathers, good men and true contemne him to the Gallowes; and there see him vairely persecuted.

3-: From The Triall, Of Lieut. Collonell John Lilburne, By an extraordinary or special Commission, of Oyear and Terminer at the Guild-Hall of London, the 24, 25, 26. of Octob. 1649 ([London]: Printed by Hen. Hils, [1649]):

The Jury Called.

Clerk, Twelve good men and true, stand together and here your Evidence.
Just: Jermin, Cryer of the Court, let the Jury stand six of the one side and six of the other.
Clerke,
1 Miles Petty
2 Stephen Iies
3 John King
4 Nicholas Murrin
5 Thomas Drinty
6 Edmund Keyzer
7 Ed: Perkins
8 Ralph Packman
9 William Comins
10 Simon Weedon
11 Henry Tooley
12 Abraham Smith.
of the Jury, six lives about Smithfield, one in Gosling-street, two in Cheap-side, two in Bred-street, and one in Friday-street.
Just: Jermin. Its well done.

4-: From the following dialogue between Sir Thrivewell and Lady Thrivewell, in The Madd Couple well matcht (London: Printed for Humphrey Moseley, Richard Marriot, and Thomas Dring, 1653), by the English playwright Richard Brome (circa 1590-1652):

La. You have unlawfully lyen with some woman!
Thr. ’Tis said; and now your doome.
La. Ha, ha, ha. Here’s a busiesse!
Would somebody heard you faith: nay of five hundred
That now might overheare us (I meane not only
Gallants, but grave substantiall Gentlemen)
Could be pick’d out a twelve good men and true,
To finde you guilty, I would then condemne you,
But such a Jury must be pannell’d first.

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