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Scottish National Dictionary (1700–)

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

PRECOGNOSCE, v., tr. or intr. and absol. Sc. Law: to carry out an initial investigation of the facts of a case by interrogating the witnesses, in order to find out whether there is a case to answer and to make it possible to prepare a relevant charge and defence; to examine (a witness) in preparation for a trial. In criminal cases the examination, formerly carried out by a sheriff or judge ordinary, is now performed by a Procurator-Fiscal, q.v. Also jocularly in non-legal usage, to interrogate, cross-question (see 1824 quot.). [prikəg′nos]Lnk. 1712 Minutes J.P.s (S.H.S.) 134:
Major Gavin Hamilton . . . conveened the witnesses afternamed before him, in order to precognosce the matter underwritten.Sc. 1753 Trial of James Stewart 93:
The pannel's wife and his children, who, by law, cannot be called as witnesses against him, have been precognosced, or judicially examined, and . . . their declarations are proposed to be produced in this trial.Sc. 1824 Scott Redgauntlet Letter ix.:
I would fain have precognosced him myself on these affairs, but found him unwilling to speak out.Sc. 1838 W. Bell Dict. Law Scot. 764:
In precognoscing witnesses preparatory to a proof in a jury trial in a civil cause, the agent ought to avoid every thing likely to raise objections against their admissibility. He should confine himself to the asking of questions, and ought not to give or read to the proposed witnesses any parts of the process, or communicate to them any version of facts of his own. A party may precognosce the witnesses of his opponent, even after they have been cited.Fif. 1864 W. D. Latto T. Bodkin xvii.:
Havin' precognosced Mrs. Snifters an' her servant lassie . . . as witnesses for the defence.Arg. 1914 N. Munro New Road xiv.:
It's not to precognosce the Advocate you're calling on me here.Sc. 1962 T.B. Smith Short Commentary 223:
The procurator-fiscal has the duty to assemble the evidence to support the prosecution — as by making inquiries and precognoscing witnesses.