About the Texts
The first document [Text #1] records an agreement forged in 1200 between Pedro Suárez de Deza, the Archbishop of Santiago de Compostela, and the townspeople who held licenses to sell scallop shells to pilgrims. It is most likely that the shells discussed here are not natural shells, but rather shell-shaped badges made of lead, tin, or other materials. The text comes down to us in Tumbo C, compiled during the 1320s under the episcopacy of Berengar of Landorra.
The scallop shell is a well-known symbol of the Camino de Santiago, dating back at least to the 12th century. Shells are mentioned in various medieval texts, including the Liber Sancti Jacobi. Pilgrims might buy a shell as a souvenir, and some seem to have believed in their miraculous powers of healing and defense.
The second document translated here [Text #2] represents a sequel of sorts to the first document. Dating to 1230 and promulgated by the Archbishop Bernardo II, it again delineates rules and guidelines for shell vendors, outlining the fees they owed to the Church and discussing how ownership of a license to sell shells could be lawfully transferred. This text is also included in Tumbo C.
What do these documents tell us about the relationships among the archbishop of Santiago, the townspeople, and the flow of pilgrims? What can we learn about the economy of pilgrimage?
Translation: Text #1
Pedro, by the esteem of God Archbishop of the Holy Church of Compostela, sends greetings in the Lord to my beloved sons in Christ, namely to the citizens who hold the right to sell shells.
I want it to be known that it pleases me and that I have decreed that there should be no more than 100 licenses to sell shells, and that no more than this number should be added, neither by me nor by you. And let me have 25 out of those 100 licenses, in addition to three others which I had there previously. Out of these 28 licenses, let me do as I wish. But you may have 62 licenses, and you should give me as tribute each year one morabetino for each license from the pilgrimage season between Easter and Pentecost, and half a morabetino for the autumnal pilgrimage season from the feast of St. Michael until the feast of St. Martin. For this rent, you may hold them from me for 30 years.
If, however, within this time you wish to raise a question or make a case against me regarding these rights, it should not be an annoyance to me, but the matter should be treated amicably by both parties without scandal and violence or undue contention, and it should be adjudicated by suitable judges who are agreeable to both parties. If, by chance, you win the suit, I shall not require the aforesaid income from your licenses until those 30 years are complete. But if I win against you in this case, nevertheless I will not demand anything from you for those 30 years beyond the morabetino and a half for each license, just as I have said. However, after the end of the aforesaid period of time, I will do with each shell license what I please, without any contradiction from you.
If one of you or your heirs wishes to give up the license(s) which you have within this time frame, I will receive the license(s), thereafter doing with them what I please, and I will not require from you or your heirs anything beyond the aforementioned payment.
Also, it is provided that this period of 30 years should be able to generate no prejudice by reason of time for either party.
Moreover, it is decreed that if within this 30-year span you or your heirs do not raise a question regarding the licenses with me or my successors, so that the case is decided by a legal judgment, afterwards it will not be permitted to you or your heirs, or to me or my successors, to press a legal claim regarding this in any way whatsoever. But I or my successors have free power over all of the shell licenses, apart from any complaint that might be brought to me.
Also, you are held by oath that you should faithfully exercise the ministry of the shells in a manner useful to me and my Church by serving pilgrims honestly. And if there is anything to be corrected or emended, it will be up to the discretion of my procurators to whom I have committed this ministry. It should be emended competently and efficiently according to the conventions and agreements which you have placed with my vicar. And all these things, just as they have been determined above, should be observed faithfully between myself or my successors and you and your successors without change. And if either party tries to act contrary to this, with reckless abandon, that party should pay 3000 morabetinos to the other party. Nevertheless, this writing should stand by its own strength.
Done in Compostela, 12th Kalends of March.
In era 1238 [= 1200 CE].
I, Pedro, Archbishop of Compostela, confirm.
I, Martin, the Dean, confirm.
I, Adam, Archdeacon of Compostela, confirm.
Don Raymond, at that time Justice of Compostela, confirms.
Miguel Díaz, at that time Majordomo of Compostela, confirms.
Pedro Fernández confirms.
Don Viviano Bernadez confirms.
Don Gayo confirms.
Juan Gascón confirms.
Pedro Martínez de Civitate confirms.
Don Martín Pérez de Campo confirms.
I, Lope Arias, notary of Compostela [drew up this document].
Translation: Text #2
Since life is brief and memory is fragile, and the deeds of past or present are not allowed to be perpetuated, thus deeds are committed to the life of letters, so that they live in a certain way an eternal life. Therefore, let it be known both to the present parties, as well as to posterity, that these agreements and statutes made between Bernardo, Archbishop of the Church of Compostela on one side, and the citizens of Compostela who have licenses to sell shells on the other, are to be observed without violation in perpetuity.
There should not be more than 100 licenses to sell shells, of which the archbishop has 28 licenses, and he may do with them as he wishes. But the citizens have 62 licenses from which they must give the archbishop as rent, in recognition of his lordship, each year from each license 14 and a half solidi in the money current at that time in the city of Compostela. And ten solidi should be paid from the pilgrimage between Easter and Pentecost, and the other four solidi and a half should be paid from the pilgrimage between the feast of St. Michael and the feast of St. Martin. But the aforesaid citizens have and hold the aforesaid 62 licenses from the hand and grant of the archbishop of Compostela.
Nevertheless, by law, they have the right to hand them down to their heirs in perpetuity, or to give them away or sell them. However, it is not permitted to the aforesaid citizens or their successors in perpetuity that they–regardless of the title or manner in which they obtained them–sell or give any of the 62 licenses to any cleric except those of the Church of Compostela. And if they wish to give alms from any of the licenses, in part or in whole, or provide for an anniversary [i.e. pay for mass to be said on the anniversary of a person’s death], they or their successors may only do so in the Church of Compostela. But the sale or donation which is not for alms can be made within the Church of Compostela so long as in no way or manner any of these licenses or any right in them is transferred to any cleric except the Church of Compostela.
And if anyone causes a transference of ownership to be done against this comprehensive statute, then this transference is ipso iure and ipso facto null. And if, by chance…[The edited text leaves off here; this is possibly meant as a reference to the sentence beginning “If, by chance” in Text #1 above.]
And if anyone acts against this statute, he should pay 1000 morabetinos, with this statute nevertheless remaining valid. The document was made 8th Kalends of February in the archbishop’s palace, era 1268 [= 1230 CE]. Those present were the following:
I, Bernardo, by the mercy of God Archbishop of Compostela, confirm.
I, Juan, Dean of Compostela, confirm.
I, B., cantor of Compostela, confirm.
I, Juan Raimundez, Archdeacon of Compostela, confirm.
I, Martín Pérez, Canon and Cardinal-Elect, confirm.
I, Juan Cresconio, Archdeacon of Nendos, confirm.
I, Sancho Pérez, Judge of Compostela, confirm.
I, Domingo Díaz, Cardinal, confirm.
Martín Pérez of Tudela and Pelayo García, Justices.
Juan Martínez Xarpa.
Julian Yañez.
Abril Sebastianez.
Fernando Pectavinus.
Pedro Martínez de Campo.
Guillermo Yañez.
Juan Díaz de Moneta Nona.
Juan Fernandez Rapatus.
Arias Pérez Pauquitinus.
Fernando Pelaez de Arenis.
Pedro Raimundez.
Bernaldo Romanez, godfather of Martín.
Juan Pérez Curutana.
Domingo Martínez.
Pelayo de Valouta.
Juan de Saon.
Pedro Arias the Shell-Vendor.
I, Martín Yañez, sworn notary of the Council of Compostela, wrote this document.
References
López Ferreiro, Antonio. Historia de la Santa A.M. Iglesia de Santiago de Compostela. Vol. 5. Santiago: Imp. y Enc. del Seminario Conciliar Central, 1902. Appendix: Documents #5 and #17.