Pitman's Bond - 1843

Taken from "The Miners of Northumberland and Durham" by Richard Fynes, published in 1873, republished in 1986 - ISBN 0 946865 05 1

Below is given a verbatim copy of the bond which the men in Northumberland and Durham were called upon year by year to subscribe to, whether they liked it or not, thirty years ago. Stringent as are many of the articles in the bond, they are comparatively lenient to those which were included in the "memorandum of agreement" in force before the strike of 1831. Practical miners will be able to estimate the wages which it was possible to earn under such an agreement, and the number of hours which it would be necessary to work in order to secure sufficient to enable a man to keep himself and his family from starvation. Small coal is to be separated from the round, and coarse from the best coal, at the option of the viewer — never at the option of the workmen — and if out of 450 quarts of coal, one of them was foul coal, splint or stone, the man not only lost his earnings as far as that tub or corf was concerned, but was fined 1½d. with a penalty of 1½d. for every quart up to six, when the offence was so terrible that the offender must either be fined 5s. or be deemed guilty of a misdemeanour, and be liable to punishment before the magistrates, who were for the most part coal owners. If a man, who was to consider himself the servant of the owners at all times whether they could find him work or not, chose to remain at home for a day, or did not do a full day's work when at work, he was liable to a fine of 2s. 6d. ; and if by any accident to the engines he was laid off work for a length of time he was not to have any compensation till three days had elapsed, and only then if he went to do other work that was offered him; nor must he seek work elsewhere unless with the permission of the owners. The bond, however, speaks for itself, and fully justifies the men in asserting that they were enslaved, the first sentence of the twelfth article which declares that "none of the said hereby hired parties shall keep either galloway, ass, or dog," being as nice a piece of petty tyranny as could be met with, and only equalled by the terms under which farm labourers were employed till very recently in the South of England.

"Memorandum of Agreement made the 18th day of March, in the year of Our Lord, 1843, between Thomas Davidson, Esq., of Durham, John Easton, Esq., of Pelaw, John Henderson, Esq., of Durham, William Anderson, Esq., of South Shields, George Bates, Esq., of Newcastle, and Andrew Stoddart,. Esq., of South Shields, owners of the Bedlington Colliery, on the one part, and the several other persons whose names or marks are hereunto subscribed of the other part. The said owners do hereby retain and hire the said several other parties hereto from the 5th day of April next ensuing, until the 5th day of April, which will be in the year 1844, to hew, work, fill, drive, and put coals, and do such other work as may be necessary for carrying on the said colliery as they shall be required or directed to do by the said owners, their executors, administrators or assigns, or their viewers, or agents, at the respective rates and prices, and on the terms, conditions, and stipulations, and subject to and under the penalties and forfeitures hereunto specified and declared, that is to say :—

"First. — The said owners agree to pay the said parties hereby hired once a fortnight upon the usual and accustomed day, the wage by them to be earned at the following rates, namely, to each hewer, for every score of coals wrought out of the whole mine, each score to consist of 20 corves or tubs, and each corve or tub to be equivalent to bring to bank 25 imperial pecks or 7½ cwt; each peck to contain 4½ imperial gallons; the sum of 8s. 6d., and the sum of 6d. per score for separating the small from the round, and casting it back. Wet working 4d. per score, ramble 4d., per score when it is met with above the stone and coarse coal. The above prices to include casting back the stone and cannel coal at the top of the seam. And in case it is required the coarse coal is to be separated from the best coal and sent to bank so separated, or cast back, at the option of the viewer, for the above price of 8s. 6d. per score. When the coarse coal is cast back the quantity to be calculated according to its thickness by the viewer or overman. In case the coarse coal be mixed with the best, or the best with the coarse, they will be laid out. And for driving or working each winning headway with two or more men the sum of 2s. per yard, and when single the sum of 1s. 10d. per yard, and for holing walls with two or more men the sum of 1s. 10d. per yard, and when single the sum of 1s. 8d. per yard; and for driving narrow boards with two or more men the sum of 1s. 8d. per yard, and when single the sum of 1s. 6d. per yard; and for driving cross-cuts with two or more men the sum of 2s. 2d. per yard, and when single the sum of 2s. per yard.

"Second. — Putting. And to each of the said parties hereby hired 1s. 4d. per score of like measure and weight as herein specified, for putting a 25-peck corf or tub the first 80 yards, and a 1d. per score in addition thereto for every 20 yards they shall put or run, and in proportion for a larger or smaller corf or tub. And when any of the hewers shall be required to do shift work they shall be paid at the rate of 5s. 10d. per shift of 8 hours working. Each person for whom the owners shall provide a dwelling house as part of his wages, shall be provided with fire-coal, paying the owners 3d. per week for leading the same; and each wagon driver shall be paid 1s. 2d. per day; and when keeping doors 1s. per day.

"Third. — The said owners, their executors, administrators, or assigns, shall provide and keep at such pit a measure tub or weighing machine, and whenever any corves or tubs shall be sent to bank suspected to be deficient in measure or weight, the coal therein shall be measured or weighed by the heap keeper, or other person appointed for that purpose by the said owners, and if found deficient no payment shall be made for hewing and filling the same ; but the hewer thereof shall not be subject to any forfeiture of penalty on that account. The standard measure tub to contain 112½ imperial gallons, and the standard weight to be 7½ cwt. And in case any foul coal, splint, or stone shall be found in any corf or tub to the amount of one quart the hewer thereof shall forfeit to the said owners 1½d ; for 2 quarts 3d. ; for 3 quarts 4½d. ; for 4 quarts 6d. ; and for each quart over and above 4 quarts he shall forfeit 6d. per quart; but if the whole quantity shall exceed 6 quarts he shall either forfeit and pay 5s. or be deemed guilty of a misdemeanour, and shall be subject to such penalties as may be inflicted by law, over and above paying the above named penalties, at the option of the said owners.

"Fourth. — All penalties and forfeitures hereby agreed and required to be paid to the said owners, their executors, administrators, or assigns, by the said other parties hereto, shall be demandable and paid on the first pay day after they shall have been respectively incurred, and shall thereupon be deducted from the first or next following earnings or wages of the persons incurring the same until fully paid ; and if they shall not be demanded on such first day and deducted as aforesaid, or if they shall be abandoned or remitted by the said owners, their executors, administrators, or assigns, or their principal agents, they shall not afterwards be revived or enforced or required to be paid. And also that all claims and demands of the said parties hereby hired upon the said owners, or in respect of any matter or anything relating to these presents, or their services under the same shall arise, and that no such claim or demand shall be brought against the said owners for or in respect of any cause, matter, or thing, which shall have occurred prior to such last preceding pay day.

"Fifth. — The said parties hereby hired shall during all times that the pit shall be laid off work continue the servants of the said owners, subject to their orders and directions, and liable to be employed by them at such work as they shall see fit.

"Sixth. — That the said hewers hereby hired shall when required (except when prevented by sickness or other sufficient unavoidable cause) do and perform a full day's work on each and every working day; or such quantity of work as shall be fairly deemed equal to a day's work (not exceeding eight hours), and shall not leave their work until such day's work or quantity of work is fully performed or finished to the extend of each man's ability, and in default thereof each of the said parties hereby hired so making default shall for every such default forfeit or pay to the said owners, their executors, administrators, and assigns, the sum of 2s. 6d.

"Seventh. — That if by reason of any accident happening to any of the engines or machinery placed in or upon any of the pits of the said colliery, or by reason of any accident in the shaft, or by reason of the mine being in an improper or unsafe state, and the said parties hereby hired shall be laid idle for more than three successive days, 2s. 6d. per day shall be thereafter paid to such of the said parties as are hewers; 1s. 6d. per day to such of them as are putters; and 6d. per day to such of them as are drivers; provided that they respectively work at any other labour offered them by the said owners, their executors, administrators, or assigns, and in case such work is not provided for them, then the hewers shall receive only 1s. 6d. per day, the putters 9d. per day, and the drivers 4d. per day, and in the event of any of the said parties being, with the permission of the owners, fully employed in any other colliery, no payment whatever shall be made to them during such employment.

"Eighth. — The headways shall be driven not exceeding two yards, and the boards shall be turned not exceeding two yards (when required) wide, and that the hewers shall stow away or cast aside, such quantities of small or refuse coals as the said owners, their executors, administrators, or assigns or agents shall require; and shall do the business of drivers, and shall set on corves or tubs, and shall do shift work when requisite; and that the drivers shall duly drive and lead away such a number of corves or tubs of coal as shall be a reasonable and fair day's work, such day's work to consist of not less than 12 hours, and to commence from the drawing of the first coals, and that each hewer shall be provided with a rake, shovel, maul, and wedges by the said owners, their executors, administrators, or assigns, for which he shall be accountable, and shall provide himself at his own charge with picks, coal drills and hammer; and that the hewers and drivers shall when required by the said owners, their executors, administrators, or assigns, or agents, put with trams or act as barrow-men at such rates and prices as are herebefore mentioned, the said owners paying the hewers 4d. per score as furtherance, and all the parties hereby hired shall and will in performing their respective duties obey, abide by, and fulfil all the lawful directions and orders of the said owners, their executors, administrators, and assigns, or their agents at the said colliery.

"Ninth. — If the said parties to these presents, or either party be desirous of adjusting the measure tub, or weighing machine used in the said colliery, and of such their desire shall give to the other party a reasonable notice, such adjustment to take place in the presence of any two of the parties hereby hired who shall be nominated by the rest for that purpose, and that wherever such tub or machine shall be found not to agree with the standard they shall be with all convenient speed made to agree therewith ; but not so as to interrupt or stop the working of the said colliery. That the corves or tubs to be used at the said colliery shall be of a competent size to bring such measure or weight to bank.

"Tenth. — It shall be competent for the viewer of the said colliery to prevent the use of gunpowder, either wholly or in part, at his discretion.

"Eleventh. — Each person to whom a dwelling-house shall be provided as part payment of his wages, shall keep in good repair the glass in the windows thereof, or pay the said owners for the repairs of the same, it being distinctly understood that the dwelling-house provided for any of the persons hereby hired or engaged are to form part of the wages of such persons; and on the expiration of such hiring in case any of them shall quit or be legally discharged from the employment hereby agreed upon, he or they shall at the end of 14 days thereafter quit such dwelling-house or dwelling-houses, and in case of neglect or refusal, such owners shall be at liberty, and he or they, and their agents and servants are hereby authorized and empowered to enter into and upon such dwelling-houses, and remove and turn out of possession such workman or workmen, and all his and their families, furniture, and effects, without having recourse to any legal proceedings.

"Twelfth. — None of the said hired parties shall keep, either galloway, ass, or dog; and in the event of the said hereby hired parties whose names or marks are hereunto subscribed, wilfully or negligently disobeying the orders of the said owners or their agents, or committing a breach of any of the articles of this agreement, then and in every such case the said owners are hereby authorized to stop and retain out of the wages next becoming due to each and every such person so offending, a sum not exceeding 2s. 6d. for every such offence or to punish them for such misbehaviour by due course of law.

"Lastly. — It is hereby mutually agreed that in case any dispute or difference shall arise between such of the said hereby contracting parties as are above the age of 21 years, respectively, relative to any matter or things not hereby provided for, such dispute or difference shall be submitted to two viewers of collieries, one to be appointed by the said owners, their executors, administrators, or assigns, and the other by the said hereby hired parties of the other part, and in case of their disagreement, to a third person to be chosen by such two viewers, and the judgment or decision of such viewers or umpire, as the case may happen, shall be conclusive between the parties on the matters referred to them, provided always, and it is hereby declared, that as to such of the parties hereto as are under the age of 21 years respectively, these presents shall only operate as a simple contract of hiring and service, and especially that such parties shall be subject to any of the penalties or forfeitures hereby imposed; but that nothing herein contained shall extend or be construed to extend or alter, prejudice, lessen, or otherwise affect the legal remedies and powers which by law belong to masters and servants in their respective relations to each other, or to magistrates having jurisdiction in case of dispute or difference between them.

"As witness the hands of the parties, this day and year above mentioned."