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Scottish National Dictionary (1700–)

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First published 1968 (SND Vol. VII). Includes material from the 2005 supplement.
This entry has not been updated since then but may contain minor corrections and revisions.

PRECOGNITION, n. The process of precognoscing (see Precognosce), the preliminary examination of possible witnesses or other informants in order to prepare the case for the prosecution or defence in a trial by finding out the relevant facts from them and ascertaining the evidence they can give; specif. in criminal cases, the preliminary collecting of evidence by the Crown prosecutor with a view to establishing a ground for trial and formulating the charge (Sc. 1946 A. D. Gibb Legal Terms 67); a statement made by a witness during this investigation. Also attrib.Sc. 1705 Analecta Scot. (Maidment 1834) 239:
The Advocat . . . hath been taking a precognition of the witnesses, and resolves to indite them, but its thought it will resolve in an arbitrary punishment.Cai. 1719 Old-Lore Misc. (1909) II. ii. 112:
He received a letter from His Majestie's Solicitor desireing him to take a precognition of that affair.Sc. 1753 Trial of James Stewart 33:
We have gone thro' this libel with the greatest attention, and have taken a view of the several facts, which, after a precognition of above a thousand witnesses, are set forth to support the charge against the panel.Sc. 1800 D. Hume Trial for Crimes I. 127:
To commence an inquiry, or precognition as it is called, concerning the grounds of the suspicion of guilt.Sc. 1815 Scott Guy M. x.:
His [Sheriff-Depute] first employment was to examine all witnesses whose evidence could throw light upon this mysterious event, and make up the written report, procès verbal, or precognition, as it is technically called, which the practice of Scotland has substituted for a coroner's inquest.Abd. 1880 W. Robbie Glendornie iv.:
Ye was praisent i' the Coort when I took the lassie's precognition.Sc. 1887 Law Times LXXXII. 175:
Prisoners are not allowed to see the precognitions for the prosecution.Sc. 1893 Stevenson Catriona xviii.:
His precogmtion had been taken, as the manner is, in writing.Sc. 1927 Gloag and Henderson Intro. Law Scot. 594:
Upon the commission of any serious crime, it is the invariable practice for the procurator-fiscal of the district — acting partly as the sheriff's official, partly in connection with the Crown Office — to take a precognition of the facts, i.e. to examine those who were present at the criminal act and others upon the special circumstances attending it — in order to know whether there is ground for a trial, and to serve as a direction to the prosecutor how to set forth the facts in the libel, before they give testimony at the trial. Warrant may be obtained from a magistrate to cite witnesses for precognition; if necessary their attendance may be enforced, and they may be put on oath.Sc. 1948 W. J. Dobie Practice Sheriff Cts. 189:
In criminal practice attendance by prospective witnesses for precognition is compulsory; . . . but there is no machinery in civil practice to compel a prospective witness to attend for precognition.Sc. 1962 T. B. Smith Short Commentary 224:
The defence may then examine the productions and take precognitions from the Crown witnesses.em.Sc.(b) 1973 John Herdman Three Novellas (1987) 19:
There's no telling how many police notebooks and files my statement now graces. The Procurator Fiscal, too, with his precognition, he couldn't have found in me any cause for complaint. m.Sc. 1999:
Imagine my surprise when the 'precognition agent' called at the door, looking for the previous tenant. Not very precognisant, I thought.