Meaning & Analysis
Having actual possession of something (property, title, etc.) is equivalent to holding the vast majority—nine or even eleven out of twelve—of the legal rights to it.
Insights
Power of Possession
The proverb underscores the immense practical advantage that possession confers in disputes, suggesting that simply having or controlling something is more powerful than theoretical rights or claims.
Authority and Legitimacy
It suggests that authority often rests with those who possess, not necessarily those who have the best legal claim, highlighting the distinction between de facto control and de jure entitlement.
Conservatism and Caution
The saying implies a warning: once something is in hand, hold on to it, as established possession is hard to overturn. It cautions against relinquishing what is already secured.
Historical Symbolism
Originating in early English law, the phrase reflects longstanding legal maxims where possession was given considerable weight, particularly when evidence or title was ambiguous. The numerical 'nine' or 'eleven' points alludes to the imagined division of the law into twelve 'points,' making possession nearly decisive.
Cultural and Legal Resonance
The proverb is echoed in legal traditions worldwide, reflecting the pragmatic reality that courts and societies often favor those already in possession. Shakespearean and post-Shakespearean uses, such as in 'Edward III,' draw on this maxim to express the security and political leverage that comes with holding tangible power.
Psychological Insight
It reveals a psychological truth: physical control instills confidence and authority, while claimants without possession face an uphill battle. The maxim both reassures possessors and serves as a subtle warning to claimants.
Rhetorical Devices
Numerical Emphasis
The specific use of 'nine' or 'eleven points' adds rhetorical weight, making the proverb sound precise and authoritative despite the numbers being somewhat arbitrary.
Legal Allusion
Alludes directly to legal discourse, using the language of law to impart a sense of officialdom and universality to the proverb’s wisdom.
Antithesis
Implied contrast between 'possession' and mere claim, between physical control and legal abstraction, sharpens the proverb’s force.
Transcription
Quotations
Tis you are in possession of the Crowne, And thats the surest poynt of all the Law.
The Deuill hath Eleuen poynts of the Law against you; that is, Possession.
Possession is nine points in the Law.
(in the Law).
At this day the Turk hath eleven points of the law in Jerusalem, I mean possession.
(The English say, Possession).
*And they say there are but twelve.
(in the Law).
(in the Law).
Cross References
Related Proverbs
Original Scan
Used under CC BY-NC 3.0.