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.
PROBATION, n. Sc. usages:
1. The act of proving, demonstration. Rare and obs. in Eng.Sc. 1836 W. Hamilton Discussions (1852) 308:
The . . . cogency of strict probation.Sc. 1889 Stevenson M. Ballantrae x.:
It was clear, even to probation, the pamphlets had some share in this revolution.
2. Proof, evidence. Obs. in Eng. in 16th c.Sc. 1753 Scots Mag. (May) 235:
His . . . confession would be no probation of his having committed the crime.
3. Specif. in Sc. Law, now somewhat obsol.: the hearing of evidence in court before a judge, a diet of proof, the proof itself and the procedure for demonstrating it (Sc. 1946 A. D. Gibb Legal Terms 69). Comb. and phr.: conjunct probation, “the process of disproving by evidence an opponent's averments, carried on as part of the process of proving a party's own case” (Ib.); to lead probation, to produce evidence in court, to proceed with the proof in a case. See also Lead, v., 4.Sc. 1709 W. Steuart Collections i. xii. § 5:
To proceed to lead probation by witnesses or presumptions.Sc. 1712 Arniston Memoirs (Omond 1887) 55:
To insist and discuss the relevancy by an Interloqutor of Court, and then to adjourn the probation.Sc. 1721 J. C. Jessop Education in Angus (1931) 204:
Having determined the Relevancy of the points Lybelled and admitted to Probation, the Moderator must sign that Interloquitor, and then proceed to examine the Witnesses.Sc. 1754 Erskine Principles iv. ii. § 1:
All allegations by parties to a suit, must be supported by proper proof. Probation is either by writing, by the party's own oath, or by witnesses.Sc. 1818 Scott H. Midlothian xxiii.:
Presumptive evidence in place of a probation.Sc. 1896 W. K. Morton Manual 468:
Of Probation. Generally — Every pursuer, seeking to vindicate a right in a Court of Law, must establish the facts upon which he relies as supporting his right, so far as these are denied by his opponent. This is done by evidence or proof.Sc. 1909 W. Wallace Practice Sheriff Ct. 167:
At the closing of the record the future procedure in the action is determined. If the parties renounce probation they sign a minute to that effect.
4. As in Eng., a period of trial; specif. in the Presbyterian Church: the period that elapses between the licensing of a divinity student and his placing in a church of his own. Comb. probation sermon, a sermon preached during this period, esp. one preached for the student's Trials. See also Probationer.Sc. 1803 G. Hill Theolog. Institutes 192:
During the time of their probation for the ministry, although they have no right to dispense the sacraments, they may improve their talents for composition and elocution, by preaching occasionally, as they are called.Sc. 1813 A. Bruce Life A. Morus 37:
He heard the probation sermons of the students of divinity.
