About the Texts
These three royal documents delineate pilgrims’ rights and protections during the thirteenth century. The first two were issued by King Alfonso IX (1171-1230) and the third by King Alfonso X (1221-84). In reading these texts, we gain insight into some of the problems and challenges that pilgrims faced.
The first document [Text #1] is undated but pertains to King Alfonso IX. Historian Fernando López Alsina situates the document prior to the 1228 Council of Salamanca. This text discusses the subject of pilgrims’ deaths, as well as common problems afflicting pilgrims (such as unscrupulous donkey-drivers who overcharged them, or inn-keepers who took advantage of them). These various abuses of pilgrims had previously been denounced in the sermon Veneranda Dies, which forms part of the Liber Sancti Jacobi. While Text #1 is not the first document to discuss the free circulation of pilgrims, it is the first known document to address pilgrims to Santiago specifically.
In February 1228, while at the Council of Salamanca, King Alfonso IX of León issued a constitution [Text #2] concerning pilgrims to Santiago de Compostela (as well as pilgrims to other sites). The council was held under the auspices of the papal legate John of Abbeville for the purpose of bringing the Spanish Church into better alignment with the reforms of the Fourth Lateran Council in 1215. In particular, this document specifies a procedure for handling pilgrims’ deaths and the distribution of their belongings. Death along the Camino was a risk all pilgrims undertook; some fell ill, became dehydrated or exhausted, encountered bandits, were attacked by animals, or succumbed to inclement weather. The concern demonstrated here for pilgrims’ belongings suggests that many pilgrims were quite well-off and had substantial assets on their person.
Finally, the third document translated here [Text #3] dates to 1254, during the reign of Alfonso X. It likewise concerns challenges facing pilgrims and outlines protective measures that should be taken. Unlike Alfonso IX, who ruled a smaller territory more centered on northern Spain, Alfonso X governed a larger area (as can be seen from his longer list of titles). Santiago de Compostela was no longer as central to the Castilian king’s domain, but pilgrimage to Santiago nevertheless remained a concern.
Texts #1 and #3 are found in the Tumbillo de Concordias, a collection of documents probably compiled during the late thirteenth century, relating to the administration of Santiago and its surroundings. Texts #2 and #3 are in Tumbo B, a cartulary produced c. 1320s under the authority of Archbishop Berengar of Landorra, decades after either document was originally written. However, the fact that they were copied into Tumbo B suggests that they remained relevant in the fourteenth century.
What differences do you notice between the texts? Why might kings have been interested in protecting pilgrims? What can these documents tell us about royal justice and administration during this period? About the experiences of pilgrimage?
Translation: Text #1
[Statute given by King Alfonso IX in favor of the pilgrims to Santiago.]
He who receives leadership over a kingdom from the Lord ought to care for all those gathered by the control conferred by God under the protection of his wings and to defend them along the journey against the plots of depraved men and the various dangers of the way, especially those who have less protection, and most especially those who are going out from their homeland and away from their kin on account of God, those who, after God, do not have a protector except for the Catholic prince, before other princes. Therefore I, Alfonso, King by the grace of God of León, Galicia, Asturias, and Extremadura, recognize that I am especially responsible for pilgrims, since my realm is graced by the presence of the body of the most glorious Apostle James, to whom the nations of all the lands from all parts of the world gather for prayer. Thus, for the love of God, from whom the power of the kingdom is given to me, and also by the singular protection of the aforesaid most glorious Apostle, both my kingdom and all of Spain survives. I firmly wish and decree and institute that it should be perpetually conserved by all my successors that pilgrims of God and St. James should be immune from all harms throughout my entire kingdom. Nor should any host or anyone else dare harm them in any way. Therefore, when pilgrims who are arriving are invited in by hosts, no one–neither innkeeper nor anyone serving at the inn–should dare to draw them in violently or impel them or provoke them with abuses or do any sort of violence to them. But whosoever should do any of those things, if he is the owner, owes ten morabetinos to the royal official, or five if he is a servant. And such a servant should be sent outside of the house of the owner. And if the servant should have more money, he owes ten morabetinos. And whoever does not have what he owes is to be beaten.
Also, anyone who receives pilgrims into their home should treat them nicely and faithfully, and should not dare to change the previously-advertised measure either of wine or of grain or of anything else. Whoever does so owes ten morabetinos, and moreover is compelled to hand over the agreed-upon measure to the pilgrim.
Also, if it should happen that any pilgrim becomes sick in my kingdom, he is permitted to make arrangements for his belongings freely and according to his volition. And after his death, however he arranged to dispose of his things should be observed in full. The pilgrim, however, should be advised that the host will receive his finest clothing if he should die. But neither the host nor anyone else should dare to take any of his other belongings except that which the pilgrim left to them in his will. If, however, the pilgrim did not make a will, then if he has companions from his homeland, they should bury and make arrangements for him as they see fit. And they should make an oath in the hands of the chaplain and the host that they will faithfully bring the deceased pilgrim’s belongings back to the heirs, and not carry off anything from them except for the best outfit which is owed to the host.
But if the deceased did not leave a will and also does not have companions from his land, then he is to be buried honorably by the host and the chaplain, and the necessary things are to be administered for his funeral. The host should receive a third part of his belongings. The royal official should receive a third part. And the church that has his grave, a third part. And neither the primary host nor the chaplain nor anyone else should dare to take anything from the companions of the deceased, just as in the case of the deceased himself. But the friends of the deceased should have his belongings peacefully, as long as they swear themselves to be such. But if anyone should complain that they [e.g. the host or anyone else] took something, it should be restored. If this happens, the guilty party should receive nothing, and he owes the royal official 100 morabetinos. And let it also be prohibited by the bishop of that place under the pain of excommunication lest either the host or anyone else take cunningly from the sick person the portion of the chaplain. And if anyone is caught doing this, he incurs the penalty mentioned above.
Also, let no donkey-driver dare to lie about the destination or the distance, nor cause any pilgrim to descend by violence or fraud of any sort before he leads him to the agreed-upon location. Whoever is caught doing any of these things should lose his donkey or any travel permit. And moreover he owes the royal official five morabetinos if he is a servant, and the owner of the license should also lose the license. And the one serving should owe five morabetinos, and if he does not have enough, he should be publicly flogged.
I constitute these things to be firmly observed out of love for my most glorious patron, for the remedy of my soul and that of my ancestors. Furthermore, so that anyone who becomes aware of it should graciously see to the security and convenience of pilgrims.
Alfonso, by the grace of God, king of León, to all of his vassals who have lands along the Camino Francés from Mansella to Santiago, sends greetings. You know that I made a decree and constitution about how pilgrims who come through my kingdom to Santiago should live and be treated. And I firmly order you to observe and cause to be observed that decree and that institution which I made and sealed with my seal, throughout all your lands. And if you do not, you will lose my grace and love.
Translation: Text #2
[Another statute by Alfonso IX concerning pilgrims, modifying the previously outlined procedure for handling a deceased pilgrim’s belongings.]
Alfonso, King of León by the grace of God, sends greetings to all whom this letter reaches. Just as it is fitting for the royal Majesty to encourage the honest and good customs of his kingdom, so too it behooves the sublimity of regal providence to extirpate the dishonest customs, and especially those which are found to be against God and justice. So it is–upon the insistence and petition of the reverend father John, Bishop of Sabina by the grace of God and legate of the Apostolic See–that I, Alfonso, King of León and Galicia by the grace of the same, constitute and firmly order to be observed as law throughout my whole kingdom that pilgrims visiting the threshold of the most glorious Apostle James, or San Salvador in Asturia, or the shrine of any saint, be permitted to make arrangements concerning all of their goods according to their own volition; and that their wills, whether made in writing or orally, should be fully binding. But if they should die without a will, prevented from making one by death, then their companions from their land who are present at their death should receive in full the goods of the deceased, once they have sworn an oath that they will faithfully restore them to those who ought to succeed the deceased. Otherwise, all the goods of the deceased should be conserved for up to one year under the authority of the diocesan bishop of the place where they died, so that if within a year, the rightful heir(s) should arrive, they may recover the goods. But when a second year has elapsed, if no one has shown up who is a legitimate heir of the deceased, then the diocesan bishop, having God before his eyes, for the remedy of the deceased pilgrims, should distribute the goods in a certain way: namely, a third should go to the church where the pilgrims were buried and to the church’s clerics, and the other two thirds should be assigned for use in the frontier conflict against the Moors.
Also, I order all of my judiciaries to observe this constitution or law that I have promulgated, and that they cause it to be firmly observed for all time.
This was enacted in Salamanca, with the following present, consenting, and approving: the venerable fathers Bernaldus, the archbishop of Compostela; and all the bishops of my kingdom, convoked by the aforesaid legate to the council; as well as the barons of my kingdom. In the year of the Lord 1228, on the feast of St. Agatha the Virgin, in the month of February.
Translation: Text #3
[Statute of Alfonso X confirming the previous statutes and once again modifying the procedure for handling the belongings of a deceased pilgrims.]
Let it be known to all who see this text that I, Alfonso, King by the grace of God of Castile, Toledo, León, Galicia, Seville, Córdoba, Murcia, and Jaén, having thoroughly discussed with the bishops, princes, knights, religious men, and nobles of the whole sacred palace, grant this favor of my piety to all pilgrims and especially those coming to the threshold of St. James from anywhere, that they may safely come, go, and dwell within each of my kingdoms and the provinces subject to my jurisdiction. And also their companions. For I estimate it worthy that, since those performing good deeds merit my protection for praising God, I should defend them from all harm or injury. Therefore, I decree by a royal constitution, valid in perpetuity, that no one should presume to harm or damage pilgrims or their companions by a reckless act. But rather, they should go and come freely, and they should be received safely and without any coercion or violence where they choose. And pilgrims should be freely permitted to acquire necessary goods from anyone they want, with fair weights and correct measures used. And because there is nothing that should mean more to men than that the pen of last will is free, I institute–or rather, declare to be instituted–that if it should happen that any of the above be detained by infirmity, he may freely relinquish his goods in his will and assign them licitly to whomsoever he wishes without any impediment or contradiction. But if he should die intestate, it is permitted to the judges of good descent of that place to dispose of them for the soul. Thus, namely so that before my ears they procure to insinuate and faithfully put into practice, just as they receive them from My Highness, adding that if an attempt is made against the tenor of my constitutions by anyone, it should be amended quickly by the judges of the places or the provinces to whom I gave my power in this matter according to the quantity of the crime and the quality of the criminals. But let the judges of the aforesaid places or provinces know that unless, injury having been inflicted on pilgrims, when they are sought out, they do justice without delay, they must restore double the cost of the injury and they will be able to dread the note of infamy with detriment to their dignity. I order this constitution to be included among my royal constitutions, and I cause it to be published throughout my kingdoms and provinces subject to my dominion.
Given in Burgos, pronounced by the archdeacon Master Fernando, royal notary, on the 6th day of November in the era 1292 [= 1254 CE]. Juan Perez of Cuenca wrote it.
References
Text #1:
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: Document #15.
Text #2:
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: Document #14.
Text #3:
González Balasch, María Teresa, ed. Tumbo B de la Catedral de Santiago. Santiago de Compostela: Edicios do Castro, 2004. Document #48, p. 151-52.