▪ I. cognizance, -sance
(ˈkɒgnɪzəns, ˈkɒnɪ-)
Forms: α. 4–5 conisaunce, conysaunce, 4–7 (legal) conisance, -ans, (4 konichauns, 5 conyschance, conoissaunce), 6 (legal) conizaunce. β. (legal) 6–8 con(n)usance, 7 conusans. γ. 5–6 cognisaunce, (cognoyssaunce, -ance), 6 cognys-, -iz-, -yzaunce, -isens, -izens, -issance, 6– cognisance, cognizance.
[ME., a. OF. conis(s)ance, conus(s)ance, var. of conois(s)ance, f. conoiss-ant pr. pple. of conoistre to know + -ance, answering to a L. type *cognōscentia (of common Romanic standing: cf. It. conoscenza, Pr. conoissenza, Cat. conexensa, OSp. conocencia). From the 13th c., and esp. after the Renascence, the spelling was in Fr. often partially latinized as cognoissance, but the g was never pronounced (Palsgrave, 1530) and was entirely dropped after 1600. In Eng. the g appeared in 15th c., and has here gradually affected the pronunciation, though, in legal use, the older (ˈkɒnɪzəns) is still usual. (The spelling with s is etymological, but that with z, which accords with the pronunciation, has long prevailed.)
Lat. cognōscĕre gave regularly (through cognocs're, co(g)nois're), OF. conoistre, also written conuistre. In the pr. pple. conois(s)ant, conuisant (:—cognōscent-em), and in analogous forms, pre-tonic oi was liable to be weakened to e, and i, giving cones(s)ant, conis(s)ant, and ui to u giving conusant, whence the Anglo Fr. and ME. forms so spelt. In mod.F. connoissant has long been pronounced connessant, and is now written connaissant. The pa. pple connu, OF. coneü, represents a L. type cognōvūtum f. cognōvi.]
I. Knowledge, etc.
† 1. Knowledge, understanding; also acquaintance.
| c 1400 Rom. Rose 5562 For the toon yeveth conysaunce And the tother ignoraunce. 1483 Caxton Gold. Leg. 347/3 Yf it suffyse to Jhesu cryst that thow knowe hym..and yf his cognoyssaunce suffyseth not to the. 1545 T. Raynalde Byrth Mankynde B 4 Except ye fyrst haue true & iust cognoyssance in the fyrst booke. 1638 Heywood Wise Woman iii. Wks. 1874 V. 313 You should be one, though not of my cognisance, yet of my condition. 1651 Hobbes Leviath. iii. xxxv. 216 The tree of cognizance of Good and Evill. |
† b. Recognition. Obs. rare.
| 1590 Spenser F.Q. ii. i. 31 Who, soone as on that knight his eye did glaunce, Eftsoones of him had perfect cognizaunce. |
2. Knowledge as attained by observation or information; state of being aware of anything; perception, notice, observation. Esp. in phr. to have cognizance of, to be aware of, know by observation or information; to come (fall, be, lie) under, within, beyond, out of the cognizance, i.e. range of observation or perception, ken of (often with some admixture of the notion of ‘province’, ‘jurisdiction’, ‘right of dealing with’; as in 3); to take cognizance of, to take notice of, notice, observe, become aware of; to take note of, include within the range of observation, embrace within its scope.
| 1642 Perkins Prof. Bk. i. 3 If the wife grant a rent without the knowledge of the husband this grant is void, so it is, notwithstanding that the husband had conusance of it. 1644 Evelyn Mem. (1857) I. 71 [He] exposed them in the great market-place, to see if any would take cognisance of them. 1656 Sanderson Serm. (1689) 308 Wherewith we disguise and conceal from the conusance of others. 1712 Steele Spect. No. 288 ¶1 Should any of their..Faults come under their Cognizance. 1751 Johnson Rambler No. 162 ¶4 The business from which we withdraw our cognizance is..below our notice. 1794 Paley Evid. ii. ix. (1817) 253 Any part of Christ's history..which was public, and within the cognizance of his followers. 1829 Southey All for Love ix, That act being publicly perform'd With thy full cognizance. 1857 S. Osborn Quedah vii. 81 Islands, rivers, and creeks..of which charts and surveyors had no cognizance. 1875 Jowett Plato (ed. 2) IV. 40 Of this..the utilitarian theory takes no cognizance. |
b. Often with admixture of sense 3: Official knowledge, authoritative notice.
| 1751 Smollett Per. Pic. xxi, [The proctor] took cognizance of their names, and dismissed the rioters. 1846 Prescott Ferd. & Isab. I. xi. 447 The queen..took this department under her special cognizance. |
II. Legal senses.
3. Law. a. The action of taking judicial or authoritative notice; the hearing and trying of a cause. b. The right of hearing and trying a cause, or of dealing with any matter judicially; jurisdiction. Chiefly in phr. to have cognizance of; to take cognizance of; under, within, etc., the cognizance of. cognizance of pleas: see quots. 1670, 1767.
| [1292 Britton 28 Car nous volume qe Sainte Eglise..eyt conisaunce a juger de pure espiritualté. 1389 Act 13 Rich. II, st. 1 c. 2 Al conestable appartient davoir conissance des contractz tochantz faitz darmes & de guerre hors du roialme.] 1523 in W. H. Turner Select Rec. Oxford 38 The Chancellor..shall have connusance of plees. 1602 W. Fulbecke 2nd Pt. Parall. 4 When the right of tithes is in question..the church holdeth conusance. 1628 Coke On Litt. 96 b, The conusans of that cause belongeth to the king's temporall courts onely. 1670 Blount Law Dict. s.v., Cognizance of Plea, is an ability to call a Cause or Plea out of another Court. 1692 Locke Toleration iii. x, Magistrates, whose duty it is to punish Faults under their Cognizance. 1767 Blackstone Comm. II. 37 The cognizance of pleas..is..an exclusive right, so that no other court shall try causes arising within that jurisdiction. 1786 Burke W. Hastings Wks. 1842 II. 177 To introduce courts of justice for the cognizance of crimes. 1793 T. Jefferson Writ. (1859) IV. 40 When the admiralty declined cognizance of the case. 1856 Froude Hist. Eng. (1858) I. v. 428 In all causes of which the spiritual courts had cognizance. |
| fig. 1642 tr. Fuller Holy & Prof. State i. iii. 8 Causes that are properly of feminine cognizance he suffers her to decide. 1768–74 Tucker Light of Nat. (1852) II. 374, I would have every man judge for himself, but not pass his judgment until after full cognizance of the cause. |
4. Recognition or acknowledgement; admission of a fact alleged; esp. acknowledgement of a fine. b. A plea in replevin that defendant holds the goods in the right of another as his bailiff. Cf. avowry.
| [1292 Britton 62 Qe le Corouner..voist a eus de enquere et de oyer lour conisaunce. transl. That the coroner..go to them to inquire..and hear their confessions.] 1570–6 Lambarde Peramb. Kent (1826) 113 To hold Plea in actions real, and personal; to take Conusance by Fine. 1602 W. Fulbecke 1st Pt. Parall. 49 Where the husband is seised of a Seigniorie in the right of his wife, a man may not make conusans as baily to the husband, but as bayly to them both. 1817 W. Selwyn Law Nisi Prius (ed. 4) II. 1130 Where in replevin..the defendant made cognisance for rent in arrear. 1876 Digby Real Prop. vii. 316 note, When a person whose goods have been distrained seeks to replevy them, and the defendant justifies this taking of the goods, he is said to make avowry if he justifies in his own right..to make cognisance if he justifies in the right of another. |
III. 5. A device or mark by which a person, company, etc., is known or distinguished, as a crest, heraldic bearing, coat of arms, etc.; a badge; spec. in Her. a device or emblem borne for distinction by all the retainers of a noble house, whether they bore ‘arms’ or not; see quot. 1766. (The chief sense in ME., and still frequent.)
| c 1350 Will. Palerne 3569 Ȝif i encountre with þis kniȝt..how schal i him knowe what konichauns here he bere? 1393 Langl. P. Pl. C. xix. 188 What is hus conysaunce, quath ich, in hus cote-armure? 1494 Fabyan iii. liv. 35 Aruiragus hastely causyd hym to be Armed with the cognisaunce of the kynge. 1568 Grafton Chron. II. 650 He gave the Sunne in his full brightnesse for his Cognisaunce or Badge. 1603 Knolles Hist. Turks (1621) 118 Lewis..tooke upon him the crosse, the cognisance of the sacred warre. 1766–87 Porny Heraldry Gloss. s.v., Cognisances were badges which subordinate officers, and even soldiers did bare on their Shields, for distinction sake, being not entitled to a Crest. 1808 Scott Marm. vi. ii, In the chief three mullets stood, The cognizance of Douglas Blood. 1864 Boutell Heraldry xix. 303 The motive that induced Geoffrey of Anjou to assume as his cognizance the Sprig of Broom. |
b. fig. Badge, emblem, mark, token.
| c 1400 Test. Love i. (1560) 276 b/2 Meekeness in countenaunce, with a manly heart..is the conisance of my livery. 1584 G. Whetstones in Mirr. Mag. 13 b, Receyve of us the possession thereof, as a cognisance of our loue. 1633 Bp. Hall Hard Texts 464, I did give them my Sabaths, as a special cognizance of my people. 1682 Sir T. Browne Chr. Mor. (1756) 45 If generous honesty, valour, and plain dealing, be the cognisance of thy family. |
▪ II. ˈcognizance, -sance, v. rare.
[f. prec.]
To have cognizance of.
| 1642 Heylin Hist. Episcopie (1657) i. 417 Why the Emperour made choyse..of the Westerne..Bishops to cognisans the cause. |