A Dictionary of the Older Scottish Tongue (up to 1700)
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First published 1986 (DOST Vol. VI).
This entry has not been updated since then but may contain minor corrections and revisions.
Precognition, n. Also: prae-. [Cf. e.m.E. (1611) foreknowledge, late L. præcognitio, also MF précognition.] In Scots legal use: A preliminary examination of possible witnesses and informants, esp. in criminal cases, in advance of the trial proper, to ascertain the evidence that is available and that there is a case to answer.1630-1651 Gordon Geneal. Hist. 480.
Having first gotten a warrand home for a precognition, alledging the said slaughter to have bin committed in their own defence 1661 Wodrow Hist. (1828) I 133/2.
Whereas if he had been prisoner here in Scotland he … would have craved … that precognition might have been taken by them to whom the preparing … of that affair was recommended Ib.
And that by the law and practice of this kingdom … the petitioner ought upon his desire to have a precognition for taking the deposition of certain persons 1661 Acts VII 22/2. Ib. 234/1. 1661 Reg. Privy C. 3 Ser. I 9. 1666 Justiciary Ct. Rec. I 139.
The diet is deserted upon a warrand frae the privy councill, bearing that they had taken a precognition in this matter by examination of witnesses, and found that the slaughter was accidentally committed [etc.] 1667 Reg. Privy C. 3 Ser. II 656. 1678 Mackenzie Laws & C. ii vi 5 (1678) 380.
The council cognoscs likewise upon crimes by way of precognition [etc.] 1681 Lauder Notices Affairs I 298.
At privy councell a præcognition was taken for preparing a dittay, by ane assise of error, against James Baird … .This was a strange tryall, contrare to the nature of all other præcognitions tane at privy councell, wher they ware ever designed in the pannells favors for mitigation
