Trawling through the Glenorchy Baillie Court records can, on occasion turn up a gem, such as this, from 1632:
Jon Campbell elder in portbane caution for his sone duncane Campbell in
Croftgarrow [?] that he sall not burne a blase schuit a wasp speare nor put
out a wand on any p[ar]t of the water of Tay here[a]ft[er] under the pane of jc lib for ilk failzie toties quoties
(National Records of Scotland, GD112/17/6, folio 140)
This entry, by no means the shortest in the court book for the period, holds a wealth of information to be unpacked.
John Campbell is acting as Cautioner for his son Duncan: this was a common legal instrument in the period and is, essentially, a form of financial guarantee for future good behaviour. We can assume from the case that Duncan has been reported to be fishing (for salmon) without permission. Rather than prosecute, the court has secured an undertaking from a relative (in this case the father) as a form of surety. This means John will be liable to the court for £100 Scots (“jc lib“) for each future infringement committed by his son (“ilk failzie toties quoties“) .
Such a sum indicates that a) Duncan was a persistent offender and b) that he and his family were of some financial substance. John is likely a principal tenant or even a tacksman.
John’s residence, Portbane, is not marked on modern maps but is possibly a settlement on the Tay river system. Duncan is a resident of Croftgarrow – the only modern day place name that corresponds is in Fortingall parish, rendered in older maps as Croftgarbh. It may be that Duncan was operating his illicit fishing operation from there down the River Lyon to the Tay.
The entry also indicates three technologies Duncan was alleged to have used:
He was not to “burne a blase”. This refers to the practice of “burning the water”. A burning torch was used to attract the salmon which would then be speared. This could be done from a small boat by a team of two or more, or, in shallow water, by wading. (Hendry 1982, pp 19).
This technique was connected to the next technology, a “wasp speare”, a salmon spear or leister. These were normally multi-pronged spears that resembled tridents (though often with more tines). A wasp spear or wawsper could be used when burning the water, or on its own during daylight hours.
Finally, Duncan is prohibited from “setting out a wand”, or fishing rod. Duncan was clearly an enthusiastic and persistent salmon poacher.
There is no indication in the entry whether he also set nets (with license) or whether his activities had been reported by other fishers on the river.
References:
Hendry, C C (1982), Scottish Poaching Equipment, HMSO Edinburgh
National Records of Scotland General Depositions (GD) 112 The Breadalbane Muniments
Thair spririts to reioyis 