Early Mining History
In the 17th and 18th centuries, coal miners in Scotland, and their families, were bound to the colliery in which they worked and the service of its owner. This bondage was set into law by an Act of Parliament in 1606, which ordained that "no person should fee, hire or conduce and salters, colliers or coal bearers without a written authority from the master whom they had last served". A collier lacking such written authority could be "reclaimed" by his former master "within a year and a day". If the new master did not surrender the collier, he could be fined and the collier who deserted was considered to be a thief and punished accordingly. The Act also gave the coal owners and masters the powers to to apprehend "vagabonds and sturdy beggars" and put them to work in the mines. A further Act of 1641 extended those enslaved to include other workers in the mines and forced the colliers to work six days a week.
Even the Habeas Corpus Act of Scotland, in 1701, which declared that "the imprisonment of persons without expressing the reasons thereof, and delaying to put them to trial is contrary to law"; and that "no person shall hereafter be imprisoned for custody in order to take his trial for any crime or offence without a warrant or writ expressing the particular cause for which he is imprisoned" specifically stated "that this present Act is in no way to be extended to colliers and salters."
The process of emancipation began with an Act of Parliament of 1775 which freed the colliers in age-groups - those under 21 and between 35 and 44 were to be freed in 7 years, those between 21 and 34 were to be freed in 10 years and those over 45 were to be freed in 3 years. The liberation of the father freed the family. However, gaining freedom required a formal legal application before a Sheriff and a great many colliers continued to be bound until 1799 when an Act was passed that all colliers in Scotland were "to be free from their servitude".
See also this page for an account of "slavery" in Scottish mines
Newspaper Reports
Whereas John Brown, James brown, William Brown, Andrew Hunter, Alexander Hunter younger, James Hunter, commonly called Factor Alexander Hunter elder, John Hunter, John Adie, James Hunter junior, James Denoven, William Hunter junior, commonly called Heritor, George Wilson, Thomas Hunter, William Hunter, James Harrower, Archibald Wilson, William Wilson, James Hunter senior, commonly called, Clerk, and James Bennerman, all bound Colliers to the coal-works, belonging to the Honourable Charles Barclay Maitland of Tillicoultry, except James Bennerman, who is engaged from year to year, have DESERTED the same; this is therefore giving public notice, so that none may employ them. And it is expected that all Coal-masters and Tacksmen of coal-works, will be rather aiding and assisting in securing them, and obliging them to return to their own works, which they have left, without giving any other reason, but that they understand they will get higher wages in some other place. [Caledonian Mercury 8 March 1766]
BOUND COLLIERS DESERTED - Whereas John Russell, James and Alexander Loves, bound Colliers to Quarrel Colliery, have RUN OFF, and deserted their service ; intimation is hereby made to all coal-masters, tacksmen of coal- works, or others, who may harbour or employ them, that Carron Company, tacksmen of the above colliery, are determined to prosecute them for the penalties due by statute and common law, for harbouring or employing bound colliers, it is there-fore requested, that any Gentleman to whom they may have applied for employment, will give notice thereof to Carron Company. [Caledonian Mercury 28 April 1773]
Coaliers Deserted – Carron 5th June 1775
William Ann Walker, and his son Robert; Alexander Thomson, and his son Adam, David, Adam, John and Peter Thomson; James Thomson, sen., and James Thomson, jun.; Robert Burnett; John, William and James Whytes; William Reid; William Russell; and James Thomson, commonly called My Lord.
By Charles Beaumont, Esq. of Broomhall, Lessee of Baldridge Coal Works, near Dunfermline. NOTICE is hereby given, that David Hill, Richard Hill; William Williamson elder, Thomas Campbell, William Penman elder, David Allan elder, Henry Allan elder, John Allan elder, Robert Allan, Alex. Hunter, Andrew Hill, James Snaddan, John Williamson, David Allan younger, Henry Allan younger, John Allan younger, John Campbell, William Williamson younger, James Hill, James Allan elder, Johns, James, and Robert Allan, his sons, Robert Snaddan, Joseph Snadden, Richard Gairdner, James Penman, George Penman, John Penman, William Penman younger, Thomas and John Allan brothers, all bound Colliers and bearers to Balridge Coal Works, have deserted the said colliery, to the great prejudice of the said Lessee. This, therefore, requires, that no coal master or others will, from and after this notice, take it upon them to employ any of the before-named persons, but, on the contrary, discharge them, if employed, in order that they return to said Coal- Works. Certifying such as do employ them after this notice, they will be liable in the pains and penalties prescribed by act of parliament, made anent detaining of Colliers, for each of the before-named persons that are detained or employed by them. [Caledonian Mercury 2 November 1776]
The following bound Colliers, belonging to Lord Cathcart's works at Sauchie, having mutinied and deserted, this public notice is given that no coal-master may entertain them. David Hunter, James Hunter, Sen. William Hunter, jun. William Sharp, sen. William Snadan, Robert Patterson, sen. Robert Paterson, jun. James Sharp, jun. Robert Hunter, James Hunter, Alexander Snadan, William Hunter sen. Robert Blair, Henry Hunter, John Snadan. William Sharp, Joseph Hunter, jun. Adam Hunter, William Sharp, jun. Peter Sharp, Robert Allan, Joseph Hunter, Sen. Alexander Paterson, James Paterson, Thomas Paterson, jun. William Cook, John Hunter, jun. Thomas Paterson, sen. James Cook, jun. George Hunter, David Paterson, David Spowart, James Hunter, jun. [Caledonian Mercury 18 April 1778]
Notice from Edinburgh Advertiser 14 September 1779
Colliers Deserted Their Works - The following colliers have deserted the Coalworks of Tillicoultry, upon Tuesday the 7th current, viz. Alexander Hunter Factor, Archibald Wilson, George Hunter, Alexander Hunter Jack, George Wilson, James Hunter Clerk, Thomas Hunter Gutcher, Thomas Hunter Knows. They are all bound Colliers to the above Coal work, and are all in debt to the proprietor. It is therefore hoped and desired, that no Coal-master or Coal-Overseer, will employ them, otherwise they will be prosecuted as law allows. Not to be repeated. [Caledonian Mercury - Saturday 18 November 1786]
Absconded - Whereas two coalliers, viz. William Wilson and William Brown, did some time ago come from Sir John Hope's Coalliery, and engage themselves to Mr Armstrong, to work for the space of one year, at his Colliery at Drum. They should, previous to this time, have entered to their engagements; instead of doing so, they have concealed themselves, and, it is thought, about some neighbouring collieries. This is giving notice, that if these two men do not enter immediately into said service, and perform their engagements, strict search will be made, and if found, will be punished according to law. It is hoped that after this public notice, no Coal Master will encourage or employ said men. A suitable reward will be given, for information where these two men are lurking. [Caledonian Mercury 21 October 1805]
To Coalmasters. - Whereas John Campbell, William Blair, William Williamson, David Allan, Robert Weir, Adam Morris, Alexander Penman, Robert Russel, and Gibson Condie, all BOUND COLLIERS at BALDRIDGE COLLIERY, near Dunfermline, have absconded, and as their[sic] is reason to suppose they will be offering to engage at other Collieries, it requested that no Coalmaster or Manager will engage them. And it is also requested, that if any application is made, the Coalmaster or Manager will give intimation to James Burt, Manager at Baldridge Colliery, who will thankfully pay for any trouble and expense incurred. Baldridge, August 10, 1806. [Caledonian Mercury - Thursday 14 August 1806]