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The Zoe Panel As A Reflection of Change in Eleventh-Century Byzantium

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SEX, LIES, AND MOSAICS:

THE ZOE PANEL AS A REFLECTION OF CHANGE


IN ELEVENTH-CENTURY BYZANTIUM*
Brian A. Pollick, University of Victoria
Abstract
The stereotype of Byzantine art as static and unchanging still compels Byzantine specialists to
emphasize that change is readily evident in Byzantine art if one knows where and how to look
for it. This paper is a case study about such change and how a unique set of social forces in the
early eleventh century induced cultural change that resulted in new visual forms. The subject
of this case study is the mosaic known as The Zoe Panel, located in the South Gallery of the
Hagia Sophia in Constantinople. The panel depicts the Emperor Constantine IX presenting a
bag of money to the enthroned Christ, while the Empress Zoe presents an imperial scroll
probably signifying an ongoing grant. Although there has been much written about this
mosaic, the fact that the moneybag and imperial scroll represent two new iconographic
elements in imperial portraits has gone largely unnoticed. This study argues that the
appearance of these new iconographic features is a direct reflection of the specific dynastic,
economic and social circumstances in the Byzantine Empire in the early eleventh century.

he stereotype of Byzantine art as static and unchanging still compels


Byzantine specialists to emphasize that change is readily evident in
Byzantine art if one knows where and how to look for it. This paper is a

case study about such change and examines how a unique set of political, economic
and social forces in the early eleventh century induced socio-cultural change that
resulted in new visual forms. The subject is the mosaic known as The Zoe Panel
(figure 1), located in the South Gallery of the Hagia Sophia in Constantinople. The
mosaic was originally produced between 1028 and 1042, and subsequently altered

I would like to thank Dr. Evanthia Baboula of the University of Victoria History in Art Department for her
guidance and encouragement in the development of this paper. Without her assistance this study would not
have been possible and I am most grateful to her.

Brian A. Pollick

sometime before 1050.1 This mosaic is an imperial donor portrait and is remarkable
for its use of two new visual elements in its depiction of an imperial gift to the
Church: a moneybag, representing an immediate cash donation, and a scroll
representing an ongoing monetary grant. How might these objects be interpreted
and why do they suddenly appear at this particular time? This paper argues that the
money bag reflects a new understanding of the role of money within the Empire and
the newfound political and social power of the wealthy commercial class. It further
argues that the scroll is indicative of the increased importance of international trade
agreements and provides evidence of a nuanced, contractual understanding of

FIGURE 1: The Zoe Panel, 1028-41 & 1042-55. Mosaic, 2.44 x 2.40m. East Wall, South Gallery,
Hagia Sophia, Istanbul. Source: Wiki Images,
en.wikipedia.org/wiki/File:Byzantinischer_Mosaizt_um_1020_001.jpg.
Photographed by the Yorck Project (Public Domain).

The original production date depends on who the Emperor was when the mosaic was first made. If the
Emperor was Romanos III Argyros, it would have been made between 1028 and 1034; if, as Natalia
Teteriatnikov believes, it was Michael IV Paphlagonian, then the original had to have been produced between
1034 and 1041. Natalia Teteriatnikov, Hagia Sophia: The Two Portraits of the Emperors With Moneybags as
a Functional Setting, Arte Medievale, (1996): 47-67.

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Brian A. Pollick

FIGURE 2: Detail of Emperor


Constantine IX Monomachos
presenting moneybag. Source:
Wiki Image (Public Domain).

imperial
obligation and benefit.

FIGURE 3: Detail of Empress Zoe


presenting chrysobull. Source:
Wiki Image (Public Domain).

The Zoe Panel depicts the Emperor Constantine IX Monomachos (10421055) and the Empress Zoe (1028-1050) giving a donation to Christ, enthroned
between them. Constantine is proffering a bag filled with money (figure 2) and Zoe
is presenting a scroll (figure 3) bearing the name of Constantine, which is generally
thought to be an imperial decree known as a chrysobull.2 The panels location is
significant because it is in a part of Hagia Sophia, the primary church of the Imperial
family, which only the Imperial entourage, the Patriarch, and the Churchs clergy
could access.3 We have no Byzantine sources which comment on this particular

2

The money bag was a purse called an apokombion and, according to the tenth century Book of Ceremonies,
contained 10 pounds of gold. Cyril Mango, The Mosaics of Hagia Sophia, in Heinz Khler, Hagia Sophia
(New York: Frederick A. Praeger, Publishers, 1967), 56.
3
Speros Vryonis Jr., Byzantine Ahmokpatia and the Guilds in the Eleventh Century, Dumbarton Oaks Papers,
17 (1963): 307. While the population would never have been permitted entry to this gallery, there is a good

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Brian A. Pollick

mosaic so its uniqueness has spurred considerable dialogue, especially about the
mysterious circumstances and details of its alteration. In fact, the preoccupation
with this last issue has almost completely obscured the fact that the mosaic appears
to contain two new iconographic features, the moneybag and a scroll.
Thomas Whittemore, who supervised The Zoe Panels uncovering in 1935,
immediately noted that the faces of all three figures had been altered, and concluded
that the Emperor Constantine IX had replaced Zoes first husband, Romanos III
Argyros.4 This, Whittemore suggested, required a change of position and therefore
the other two faces had to be altered to maintain positional harmony. Byzantine art
historians have further addressed these issues trying to answer the following
questions: was the panel commissioned by the Emperor or the Patriarch, and with
what motives? Does it represent a specific donation and, if so, can we identify the
purpose from available texts? Why was the panel altered rather than having a new
one made?
While there have been several different interpretations in response to these
questions, art historians have generally agreed that this mosaic is a donor portrait,
originally marking a specific act of generosity by the Emperor Romanos III, and later
adapted to honour a donation by Constantine IX.5 The only major point of
difference in interpretation has been over whether the Patriarch or the Emperor
commissioned the mosaic, and why.6 Virtually none of these studies, however, have

chance they would have penetrated that space during the periodic riots that took place between 1041 and
1081, as we have a record of the rioters entering Hagia Sophia, as well as the adjacent royal palace.
4
Thomas Whittemore, The Mosaics of Hagia Sophia at Istanbul, Third Preliminary Report: Work Done in 1935-8.
The Imperial Portraits of the South Gallery, (Oxford: Oxford University Press, 1942), 1-87.
5
Robin Cormack in particular has written a great deal about this mosaic and the issues involved. He believes
that the Emperor in the original was Romanos III and is convinced that the Emperor, not the Patriarch,
controlled the space in the South (Imperial) Gallery and thus would have been responsible for the mosaic.
Other notable scholars who have written works about The Zoe Panel include Cyril Mango, Nicolos
Oikonomides, Ioli Kalavrezou, and Barbara Hill.
6
This debate has been principally between Robin Cormack and Nicolas Oikonomides. Oikonomides
maintained that the Hagia Sophia was the Patriarchs space, and that if the Emperor had been able to put up a
mosaic whenever he wanted, there would be many more of them than just the five that currently exist.
Nicolas Oikonomides, The Mosaic Panel of Constantine IX and Zoe in Saint Sophia, Revue Des Etudes
Byzantines, 36, (1978): 224-226. Cormack is equally convinced that the gallery was imperial space and

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Brian A. Pollick

inquired into why the moneybag and scroll appear at this particular time, or even
what they might represent beyond the obvious depiction of a donation and a
promise of more to come. Only one scholar, Natalia Teteriatnikov, has challenged
the prevailing wisdom about this mosaic, and she is the only one who has observed
that the moneybag represents a unique iconographic feature.7 In her article,
Teteriatnikov argues that The Zoe Panel does not represent a specific gift but
commemorates an ongoing ritual whereby the Emperor distributed money to the
clergy at Hagia Sophia on Holy Saturday, and that the scroll is not a chrysobull but a
list of the clerics and the amount they were to receive from the moneybag.8 Her
argument is novel, but doesnt explain why this annual ritual was suddenly worthy
of an expensive mosaic. Her thesis about the original Emperor being Zoes second
husband, Michael IV Paphlagon, as opposed to Romanos III Argyros is, however,
more convincing.9 She uses historical analysis as well as linguistic and spatial analysis
as evidence to make her case. Although the physical analysis of the scroll does not
conclusively prove that only the name Michael would have fit, taken together with
her other evidence I think, on balance, she is correct.10 While this paper is written
from the perspective that Michael IV Paphlagonian was the original Emperor in the
panel, its overall thesis would still apply, even if it was Romanos Argyros, since the

controlled by the Emperor, not the Patriarch. Robin Cormack, Byzantine Art, (Oxford University Press,
2000), 128. Natalia Teteriatnikov supports Cormacks view. Natalia Teteriatnikov, Hagia Sophia: The Two
Portraits of the Emperors With Moneybags as a Functional Setting, Arte Medievale, (1996): 48. In fact, both
Cormack and Oikonomides would probably agree that regardless of who had the formal power and who
initiated and paid for The Zoe Panel, it is highly likely that neither the Emperor nor the Patriarch would
embark on a project of which the other strongly disapproved. For the purposes of this paper, the argument is
not particularly relevant as to who controlled the space. If indeed the mosaic was conceived and executed by
the Emperor and Empress, however, this just adds additional weight to the thesis that Michael IV, the son of a
moneychanger, could be the direct source of this imagery.
7
Teteriatnikov, 48.
8
Teteriatnikov, 53-54.
9
Teteriatnikov, 54-57.
10
Cyril Mango speculates that while the original mosaic featured Romanos III, it might have been altered
twice, first to accommodate Zoes second husband, Michael IV (1034-1041) and again, in its present form,
for her third husband, Constantine IX (1042-1055). Mango, 58. John Wortley, in his recent translation of
John Skylitzes Synopsis Historion, acknowledges that the original Emperor in The Zoe Panel could have been
Michael IV. John Skylitzes, A Synopsis of Byzantine History, 811-1057, introduction, notes and translation by
John Wortley, (Cambridge: Cambridge University Press, 2010), 354.

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social, political and economic dynamics that would have explained this new
iconography were already evident in Romanos reign.
Given that Byzantine artistic representation tended to use traditional
iconography, we need to search for other imperial or donor portraits, as well as
other forms and genres of representation, to ascertain if these two elementsthe
moneybag and the scrollwere indeed unique, or whether they were merely copies
or adaptations of existing conventions. In doing this we will look at earlier
representations which might contain such iconographical forms. This includes
depictions of the Imperial couple and both imperial and non-imperial donor
portraits in various media such as mosaics, ivories, illuminated manuscripts and
coins.
We do not have many portraits of imperial couples which have survived
from a previous period. The famous mosaics of Justinian and Theodora in San
Vitale, Ravenna (548) are quite unique, in that the Emperor and Empress are
depicted in separate and opposing murals. There are two surviving ivories that
respectively show the blessing of Emperor Otto II & Empress Theophano c. 982,
and the coronation of Emperor Romanos II and Empress Bertha-Eudokia c. 945.11 In
these examples, unlike The Zoe Panel, the imperial couples are shown in a full-frontal
stance, equally tall, and almost dwarfed by the presence of Christ, from whom they
are receiving a hands-on blessing that legitimizes their union and rule with divine
authority. None of the imperial personages is holding or presenting any object.
These portraits bear little similarity to The Zoe Panel and there is nothing to suggest
these earlier ones were a model for it.
The most common surviving Byzantine artifacts containing images of
imperial figures are coins, as this was the primary mechanism by which an
emperors image would be disseminated and occurred immediately upon succeeding

11

These are now both located in Paris. The first in the Muse du Moyen Age and the second in the
Bibliothque Nationale.

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to the throne. Thus, even though the sisters Zoe and Theodora only ruled alone for
three months in 1042, coins were still minted with their likeness. However, we
have no examples of both an emperor and an empress, as a married couple, depicted
on coins pre-dating The Zoe Panel.12 Moreover, even when the Emperor alone is
depicted, there is no precedent for his holding a moneybag, although he is often
shown holding objects with religious significance, such as a cross, an orb or an
akakia, a purple silk bag carried by the Emperor in his right hand on ceremonial
occasions.13 A genre of late-antiquity representation known as a consular diptych
sometimes displays what looks like a cloth bag in the hands of the consul, but these
do not appear to be moneybags and were likely coloured cloths used to start races in
the Hippodrome.14
Although we have no known precedents of a moneybag, we do have some
representations of coins in manuscripts, which are depicted for theological or
didactic purposes. In the Khludov Psalter, an anti-iconoclast manuscript produced in
the mid-ninth century, the Emperor Nikephoros I (802-811) is shown trampling on
the iconoclast Patriarch John VII (836-843) of Constantinople, who is lying on the
ground with coins around him. The scene just above this one shows the Apostle
Peter treading on Simon Magus, so the coins are probably intended to suggest that
John VII is an illegitimate patriarch because he was guilty of the sin of simony, the
purchase of Church office. However, another illustration in this Psalter, shows an
Allegory of Charity (figure 4), in which a coin represents Christian benevolence.
Thus even when coins were used in imagery, the symbolic meaning of money was
not fixed.

12

We have surviving coins of Constantine VI (780-790) with his mother, Empress Irene, and a similar
depiction of Constantine VII (908-959) with his mother, Zoe Karbonospina. Michael F. Hendy, Studies in the
Byzantine Monetary Economy c300-1450. Cambridge: Cambridge University Press, 1985, Plate 23, coin 6 and
Plate 24, coin 19.
13
An akakia was filled with dust and was supposed to represent the transitory nature of earthly life. Alexander
Kazhdan, ed., The Oxford Dictionary of Byzantium (Oxford: Oxford University Press, 2005), Volume 1, 42.
14
Antony Eastmond, Consular Diptychs, Rhetoric and the Languages of Art in Sixth-Century
Constantinople, Art History 33 (2010): 742-765.

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Brian A. Pollick

FIGURE 4: Manuscript Illumination from Khludov


Psalter, Allegory of Charity, mid-ninth century. Moscow,
Historical State Museum MS. D.129. Source: Wiki Image
http://commons.wikimedia.org/wiki/File:Chludov_ch
arity.jpg (Public Domain).

The image of a scroll does appear in early Byzantine art forms, although
none of these are from Constantinople. For example, there is a late 7th century
mosaic in SantApollinare in Classe, Ravenna that shows Emperor Constantine IV
handing a scroll to Archbishop Reparatus (671-677) granting some privileges to the

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Brian A. Pollick

Ravennate Church (Fig. 5).15 There is also an earlier donor mosaic that features a
scroll, St. Demetrios Between Donors Bishop Johannes and Prefect Leontius, in the Church
of St. Demetrios, Thessolonike, c.650, in which the Prefect is shown holding a
scroll. This could be a record of the gift but might also be his scroll of office. Thus,
while scrolls seem to have been used in Byzantine art as symbols of documentation
generally, their iconography does not appear to be fixed, so there is no reason to
believe that these earlier examples were direct models.

FIGURE 5: Mosaic of Emperor Constantine IV handing a scroll to Archbishop


Reparatus in Church of SantApollinare in Classe. Seventh Century. Source:
Wiki Image en.wikipedia.org/wiki/File:Privil_classe.jpg (Public Domain).

Thus, even though there are instances of the representation of coins and a
scroll, they are isolated and do not suggest any likely iconography for the context in
which they appear in The Zoe Panel. We can conclude, therefore, that these two

15

Deborah Mauskopf Deliyannis, Ravenna in Late Antiquity (Cambridge: Cambridge University Press, 2010),
272.

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elements represent the introduction of new forms and were not conscious
adaptations of existing ones.
If indeed these two elements are new, why did they appear at this particular
time? The century preceding the Komnenid accession in 1081 was a period of
political and social fluidity.16 The traditional ruling elite of the Empire was
composed of two rival groups, the provincial military aristocracy, and the civic
nobility of Constantinople.17 The provincial military was the source of the Byzantine
Empires military strength, whereas the civic nobility staffed the senior and middle
ranks of the Imperial administrative bureaucracy.18 Prior to Basil II (976-1025), the
military nobility seemed to have predominated, which was not surprising in a period
of constant territorial pressure and conflict. However, during Basils long reign the
Imperial bureaucracy started to gain political ascendency at the expense of its rivals.
This was partly due to the need for additional officials to administer the added
territories and to consolidate imperial rule, but it was also a reflection of Basils
concern about the potential threat to his dynasty from overly-strong military
families. Indeed, he had to suppress two revolts from the ranks of these families, and
seemed determined to quash their ability to threaten his throne.19
The civic aristocracy had probably always been more fluid in composition
than the military aristocracy because of its need for capable administrators and the
increase in imperial territory under Basil opened up its ranks even more. Thus, the
bureaucracy could be seen as somewhat of a meritocracy in which ability, not just

16

A.P. Kazhdan and Ann Wharton Epstein, Change in Byzantine Culture in the Eleventh and Twelfth Centuries,
(Berkeley: University of California Press, 1985), 24-73.
17
Vryonis, 302. The salient feature of the history of Byzantium in the eleventh century was the bitter and
fatal struggle between the civil bureaucrats and the provincial feudal generals for the possession of supreme
power.
18
Robin Cormack, Writing in Gold: Byzantine Society and Its Icons, (London: George Philip, 1985), 180-181.
19
Michael Psellus, Chronographia (published under the title of Fourteen Byzantine Rulers), E.R.A. Sewter, trans.
P(London: Penguin Books, 1966), 32-43. Cormack notes that one of the actions Basil II took was to replace
the military governors in the Provinces with civilian officials who administered for a period of three years.
This further increased the power of the bureaucracy at the expense of the military aristocracy. Jonathan
Shepard, Byzantium Expanding, in The New Cambridge Medieval History, ed. Timothy Reuter (Cambridge:
Cambridge University Press, 1999), Vol. 3, 595-604. Cormack, Writing in the Gold, 184.

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birth, could secure advancement.20 Contemporary chroniclers like Michael Psellus


complained bitterly about the origins of some high officials, such as John the
Orphanotrophus, whom he called a man of mean and contemptible fortune.21
John came from Paphlagonia, an area on the southern side of the Black Sea, and his
family was involved in commerce, probably as bankers (trapezitai, which translates
as money changers).22 The economic expansion of the Byzantine Empire under the
Macedonian dynasty had increased not only the wealth of the commercial classes,
but also fueled their desire to gain access to public administration as a source of both
status and financial privilege.23 They were, moreover, not afraid to use their
dominance over the commercial guilds in Constantinople to try and impose their
will through riots and street action.24
The dynastic situation between 1028 and 1055 also contributed to this social
and political fluidity. Basil IIs successor, Constantine VIII Porphyrogenitus (102528), had no sons but three daughters. The eldest, Eudora, entered a convent and
remained there throughout her life, but his middle and youngest daughters, Zoe
(978-1050) and Theodora (980-1056), inherited the throne and were the source of
imperial authority for the next twenty-eight years. They were the only women in
Byzantine history to inherit the imperial crown through their birth.25 Theodora
never married but always held the status of Empress, along with Zoe, even when
there was a ruling Emperor who had assumed the title through marriage to Zoe.
Zoe was the source through which four Emperors reigned: her first husband,
Romanos III Argyros (1028-1034); her second husband Michael IV (1034-1041);

20

Hendy, 572.
Psellus, 75.
22
Hendy, 242.
23
Angelika E. Laiou, Editor-in-Chief, The Byzantine Economy: An Overview, in The Economic History of
Byzantium from the Seventh through the Fifteenth Century, Angelika E. Laiou, Editor-in-Chief (Washington, D.C.:
Dumbarton Oaks Research Library and Collection, 2002), Vol. 3, 1150.
24
Vryonis, 302-314.
25
The only other example of a woman ruling with in her own right was Irene of Athens (r. 802-803), the
widow of Leo IV, who took over the throne on the death of her son, Constantine VI. Unlike Zoe and
Theodora, however, she was not born into the succession.
21

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her adopted son (and Michael IVs nephew) Michael V (1041-42); and her third
husband, Constantine IX Monomachos (1042-1055).26 This was unprecedented and,
not surprisingly, produced a situation where there were multiple factions competing
for influence through their association with the Emperor or the two Empresses. By
the time that Zoe married for the first time, in 1028, things were further
complicated by the knowledge that the dynasty would end once both Empresses
died, since their age precluded them from ever having children. Thus, there was an
inherent instability in the political situation that allowed clever and ambitious
officials, such as John the Orphanotrophus, to manipulate and exploit the political
dynamics for personal and family ends.
John the Orphanotrophus is of particular importance because it was he who
introduced his brother, Michael, to the Imperial court. Zoe was immediately
infatuated with Michael and the two entered into a scandalous love affair.27 After
Romanos sudden and suspicious death, Zoe, against the advice of her court officials,
insisted on marrying Michael immediately, and thereby he was proclaimed
Emperor.28 Theodoros Skoutariotes wrote of Michael, in his 13th century history,
Synopsis Chronika, that he was coming from low and unknown parents29
Skylitzes, in his Synopsis Historion, says outright that Michael was a moneychanger,
and quotes the patrician Constantine Delassenos who called Michael a vulgar,
threepence-a-day man30 Thus, through a unique set of circumstancesthe
Empress Zoes headstrong passion, his brothers intrigue and influence, and a
compliant, if reluctant, patriarchMichael, a man of the commercial class, now
ruled the Byzantine Empire.31

26

Psellus, 53-271.
Skylitzes, 368.
28
Psellus, 76-88. Skylitzes, 368, wrote that Romanos was piteously suffocated by Michaels henchmen
29
Theodoros Skoutariotes, 2. http://www.fordham.edu/halsall/source/skoutariotes1.html.
30
Skylitzes, 368, 370.
31
Psellus, 87. Angeliki E. Laiou, Imperial Marriages and Their Critics in the Eleventh Century: The Case of
Skylitzes, Dumbarton Oaks Papers, 46, Homo Byzantinus: Papers in Honour of Alexander Kazhdan (1992), 170.
27

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Could the moneybag in The Zoe Panel have been the deliberate choice of
Michael as a symbol of his familys origins? It is possible, but not likely. If this
symbol had been closely identified with Michael personally, Constantine IX would
hardly have permitted it to remain in the mosaic when it was altered. Rather than
being a symbolic representation of Michael directly, it is far more likely that the
moneybag reflects a change towards the understanding of money and its role in
ensuring the wellbeing of the Byzantine Empire. This change is almost certainly
related to the admission of the wealthy commercial class into court life, public
administration and political structures, even the Senate. Psellus lamented that The
doors of the senate were thrown open to nearly all the rascally vagabonds of the
market32 This was a class who used money to buy and define status and identity.
Yet it was not just the admission of the commercial classes to political power
and social influence that would have affected the attitudes towards money in
Byzantine society at this time. There were other significant changes that also subtly
altered attitudes towards money and its role. There had long been a move to
convert the tax system to one of cash payment, and this accelerated under Michael
IV to the point where it provoked a rebellion in Bulgaria in 1040.33 In addition to
the tax system, military service and the obligation to provide support to the military
was also being commutated for cash payment during this period.34 This emphasis on
cash payments had the effect of monetizing the Byzantine economy.35 Thus, we see a
shift in the emphasis on money, and its importance as the standard means of
exchange, stemming from the need to support an expanding and expensive
centralized, bureaucratic administration. The urban concentration of this

32

Psellus, 170.
Nicolas Oikonomides, The Role of the Byzantine State in the Economy in Laiou, The Economic History ,
Vol. 3, 1022.
34
Alan Harvey, Economic Expansion in the Byzantine Empire 900-1200 (Cambridge: Cambridge University Press,
1989), 111-113.
35
Angeliki E. Laiou and Cecile Morrisson. The Byzantine Economy (Cambridge: Cambridge University Press,
2007), 242.
33

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bureaucracy made cash the only practical means of paying for the people and
materials required. Another factor that prompted the need for additional cash
during this period was the increasingly lavish lifestyle of the Imperial family. One of
Psellus complaints about Zoe was that she was a spendthrift and was ruining the
Empire with her profligacy.36 Zoe and her husbands were also generous patrons of
religious institutions which further required large sums of disposable cash.37
The Byzantines had a sophisticated understanding of the role of money in
facilitating trade and commerce, and there were some significant changes to the
coinage under Michael IV. There had always been a shortage of gold, and therefore
of coins, but this was made more acute as the need to expand the money supply to
support increased commercial activity became more apparent. Michaels response
was to increase the number of coins in circulation by reducing the gold content of
the Nomisma, the standard gold coin of the Empire.38 He also added smaller
denominations of coins to the money supply to better facilitate commercial
transactions.39 In these actions we can see that there was now a recognition that the
purpose of money was not just the upholding of imperial status, but also to support
commercial activity. Given how closely money was interwoven with the social and
economic changes of this period, it is reasonable to conclude that this altered
understanding of the importance of money had a cultural impact that could
ultimately explain the appearance of a corresponding iconographic symbol, the
moneybag.40


36

Psellus, 157-158.
Psellus, 66;72-73; 105-106. Skylitzes, 375, complained that Michael IV financed what were supposed
to be his good works out of the common and public purse, expecting to receive absolution as though from a
mindless and unjust God from whom repentance could be purchased with the money of others.
38
Ccile Morrisson, Byzantine Money: Its Production and Circulation, in Laiou, The Economic History ,
Vol. 3, 931.
39
Ccile Morrisson, Byzantine Money: Its Production and Circulation, in Laiou, The Economic History ,
Vol. 3, 930.
40
Laiou and Morrisson, 161.
37

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The scroll, while not without precedent in early Byzantine representation,


appears in a totally different context in The Zoe Panel. Most scholars have accepted
that it is a chrysobull, which was a decree issued by the Emperor and was used for
such purposes as the granting of land, money and other privileges such as tax
exemptions. The scroll in The Zoe Panel has generally been interpreted as
confirmation of an ongoing gift of money to the Hagia Sophia.41 So why might it
have appeared at this particular time? A possible answer lies in an increased
awareness of one of the primary functions of a chrysobullit granted a material royal
privilege or concession, but in return it established a reciprocal obligation on the
part of the receiver.42 In this sense, the chrysobull functioned as a contract, even
though it was supposedly a unilateral document of the Emperor and not an
agreement between two parties.
As Byzantine commercial activity grew in volume and complexity during
this period, so did the need to document these transactions and record the mutual
obligations of the parties involved. Byzantine contracts had their roots in Roman
civil law and were an intricate part of the Byzantine legal system, so the concept of
documented, enforceable agreements was well-understood. We have at least one
known precedent for an imperial chrysobull acting as a form of commercial contract.
In 992, Emperor Basil II issued a chrysobull granting certain trading privileges to
Venice and its merchants.43 These privileges were spelled out in considerable detail,
including tariff rates, designated officials, and certain limits and restrictions. This

41

See Footnote 4.
In theory the Chrysobull was a gift, but in reality it was part of an elaborate cycle of calculated, deliberate
exchange, even a deed of sale, and was fundamental to the way in which imperial relationships with all other
levels of Byzantine society and institutions was expressed. The following essay is particularly helpful: Claude
Levi-Strauss, The Norm of Reciprocity, in The Gift: An Interdisciplinary Perspective, ed. A.E. Komter
(Amsterdam: Amsterdam University Press, 1996),18-25. Goods are not only economic commodities but
vehicles and instruments for realities of another order: influence, power, simplicity, status, emotion; and the
skillful game of exchange consists of a complex totality of maneuvers, conscious or unconscious, in order to
gain security and to fortify ones self against risk incurred through alliances and rivalry. p.19.
43
Donald M. Nicol, Byzantium and Venice: A Study in Diplomatic and Cultural Relations (Cambridge: Cambridge
University Press, 1988), 39-41.
42

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was more than a general expression of imperial largesse; it was a record of


negotiated terms and conditions. While the Imperial dignity was maintained through
it seeming to be a unilateral declaration of favour, the chrysobull cleverly defined the
expected reciprocal behaviours by framing them as the things the Venetians had
already done to merit this imperial benevolence and, by implication, would continue
to do. These services from the Venetians included such things as provision of
Venetian ships for transport and the military assistance of the Venetian navy.44
The increased volume of internal and international trade during this period,
especially the Venetian presence in Constantinople, would have resulted in an
increase in commercial contracts which would have been enforceable under
Byzantine law.45 Increasingly through the eleventh century, chrysobulls were being
used as deeds of exchange, whereby privileges were given directly in exchange for
cash.46 These contracts involved the same commercial class that was now enjoying
political influence and holding positions in the Imperial bureaucracy, so it is not
unreasonable to conclude that a contractual way of understanding relationships
found its way into Byzantine imperial administration.
Emperor Michael IV would have been no stranger to the concept of a
contract, given his background, and would probably have felt comfortable in using a
chrysobull in this type of contractual context. We know that he was very pious and
generously supported the Church; indeed, Psellus remarked that his endowments
and patronage surpassed all previous emperors.47 Michael was in particular need of
the Churchs prayers for his wellbeing, as he suffered severely with epilepsy.48 His
and Zoes donation, as represented by The Zoe Panel, would both have affirmed this
ongoing generosity and have been a reminder to the clergy of their reciprocal

44

Nicol, 41.
Laiou and Morrisson, 233; 236.
46
Harvey, 80-119.
47
Psellus, 105. So far as the building of sacred churches was concerned, Michael surpassed all his
predecessors, both in workmanship and in splendour.
48
Psellus, 105; 116.
45

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Brian A. Pollick

obligation to pray for the royal couple. The representation of the chrysobull in the
mosaic formally symbolized this mutual obligation, and functioned as a visual
contract for both the Imperial family and the Patriarch and clergy. Thus, as with the
moneybag, the chrysobull is a new iconographic element that appears at a time when
its function as a contract would have been compatible with the prevailing
understanding of the use of formal agreements to express mutual obligation and
benefit.
This article has attempted to demonstrate that the introduction of new
iconographical features in Byzantine art was not only a reality, but that a
comprehensive examination of the social and economic circumstances can reveal the
context which

plausibly explains why we see these particular visual features

appearing at the time we do. The more we can highlight and explain such changes,
the more likely it is we can permanently alter the myth of Byzantine art as merely a
static reproduction of previous forms and icons.

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