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)sance, 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 kǫ·nizăns 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; 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. Raynold, 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. Numerous islands, rivers, and creeks existed of which charts and surveyors had no cognizance.
1875. Jowett, Plato (ed. 2), IV. 40. Of this interval the utilitarian theory takes no cognizance.
b. Often with admixture of sense 3: Official knowledge, authoritative notice.
1751. Smollett, Per. Pickle, 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 volums qe Sainte Eglise … eyt conisaunce a juger de pure espiritualié.
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. 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. trans. 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 [printed Counsance] by Fine.
1602. 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 vpon 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 Hist. & Pop., xix. (ed. 3), 303. The motive that induced Geoffrey of Anjou to assume as his cognizance the Sprig of Broom is uncertain.
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.
