A Dictionary of the Older Scottish Tongue (up to 1700)
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First published 1963 (DOST Vol. III).
This entry has not been updated since then but may contain minor corrections and revisions.
Quotation dates: 1420, 1622-1678
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Incid-, Incedent, adj. Pl. -entis, -ens. [Late ME. (1488) and OF. incident. L. incidens.]
a. Incidental. c1420 Wynt. iv. Prol. 37 (W).
With other storyis incedentis [C. incedens] Plesand till ȝour reuerencis
b. Required as subsidiary or accessory to a primary requirement.1653 Cochran-Patrick Coinage II. 175.
The engins and other necessaries incident for the beginning and carrying on the worke [sc. minting coins]
c. Arising incidentally in the course of a legal action; espec. incident diligence, a warrant issued by a court of law 'incidentally in the course of a process, for ... compelling the attendance of ... havers ... to produce writings' (Bell's Dict. Sc. Law).1622-6 Bisset I. 196/27.
Then incident diligence suld be grantted to him ... against all haifaris and possessouris of the saidis evidentis ... to compeir ... and to produce the saidis evidentis 1622-6 Ib. 197/20.
In the meanetyme of the dependance of the incident diligence, the principall cause suld sleip..untill the incident procese be first discussed 1678 Mackenzie Laws & C. ii. viii. § 3 (1699) 195.
The foresaid rule would give them an incident jurisdiction in all cases
