Trial of Jesus in Mark

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    [JSNT263 (2004) 283-300]ISSN0142-064X

    Engagement, Disengagement and Obstruction:

    Jesus' Defense Strategies in Mark's Trial and Execution Scenes

    (14.53-64; 15.1-39)

    William Sanger Campbell

    Columbia Theological Seminary701 Columbia Drive, Decatur, GA 30031

    campbellb@ctsnet. edu

    Abstract

    This culturally cued literary study of Mark's trial and execution scenes

    (14.53-64; 15.1-39) argues that Jesus does not passively acquiesce in the

    injustice that is perpetrated againsthim, as is the usual view of commentatorson these narratives. Instead, Jesus alternately engages in and resists the

    judicial proceedings in which he becomes embroiled. Initially, he welcomesand participates in the proceedings before the Jewish council and, sub

    sequently, before Pilate. He disengages, however, when the prosecution

    dissolves intoa series of false allegations established by perjured testimony.Once the verdict is rendered, Jesus actively obstructs the discharge of the

    sentence by refusing to carry his cross as required and balking at being

    paraded to Golgotha.

    A view common among interpreters of Mark's Gospel is that the narrative

    portrays Jesus as refusing to defend himself at trial. Commentators argue

    that Mark's Jesus willingly and obediently endures his arrest, trials, perse

    cutions and crucifixion, advancing a variety of reasons for this represen

    tation, including christological (e.g. God's suffering servant), soteriological

    (e.g. atonement for sin), eschatological (e.g. catalyst for the kingdom's

    arrival) and political (e.g. subversion of the current governing authority).

    Culturally cued literary analysis provides a different yet helpful lensthrough which to read Mark's trial and execution scenes (14.53-64; 15.1-

    l

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    neither acquiesces in nor passively accepts the injustice perpetrated against

    him. Instead, he employs several defense strategies during the judicial

    proceedings in which he becomes embroiled, namely, engagement, disengagement and obstruction. Jesus welcomes the opportunity to participate

    in the criminal prosecution before the Jewish council when confronted withtruthful allegations. Subsequently, he cautiously engages in the Roman trial

    without assenting to the court's indictment. At both hearings, however, he

    disengages when the process dissolves into judicial miscarriage involving

    counterfeit charges established by perjured testimony. Once the verdict is

    rendered, Jesus actively obstructs the discharge of the sentence imposed

    by refusing to carry the cross or to parade voluntarily to the execution site.

    Strategies of Engagement and Disengagement

    Litigation before the Jewish Council

    As characterized in Mk14.55, the Jewish council's single objective is to

    uncover evidence adequate to convict Jesus of a crime warranting the deathpenalty. Convening the council at night and on Passover (14.12), both

    apparently in violation of rabbinic norms, reinforces the willingness on

    the part of the Jewish authorities to suspend accepted rules of jurisprudencein order to achieve the desired outcome. Raymond E. Brown, although

    justifiably skeptical about the applicability of late second-century rabbinicregulations to first-century Jewish legal procedures, argues nonetheless

    that scheduling serious criminal cases at night was highly irregular in the

    New Testament period, as other trials recorded in the New Testament

    illustrate (Peter and John in Acts 4.3-5; Paul in Acts 22.30). Indeed, inLuke's Gospel Jesus is not brought before the Jewish council until the

    Zelophehad and Feminist Interpretation', PSB 9 (1988), pp. 179-96. Belonging to the

    category of reader-oriented literary criticism, culturally cued analysis nonetheless takesas necessary considerations in the interpretive task the historical, cultural, social,

    religious and linguistic contexts in which texts emerged. Sakenfeld's use of culturally

    cued methodology attends specifically to feminist concerns. As she acknowledges,however, this approach need not be restricted to matters of gender. The present articlef liti l i (i t t f d th it d th i l ti hi

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    morning following his arrest (22.66-71).2

    Mark's account reveals the

    duplicity ofthe Jewish authorities and, as Brown points out, the use of

    ('against') to frame the Jewish trial in 14.55-64 discloses the depthoftheirhostility toward Jesus and theircommitment to his conviction ofa

    capital offense:

    The chief priests and the whole Sanhdrin begin in 14.55 by seeking

    testimony against Jesus [ ' ] in order to put him to death; the

    midway point in 14.60 is when the high priest calls attention to what these

    men have testified againstJesus [ ]; the conclusion in

    14.64 will come after there is no more need of testimony and they all will

    judge against Jesus [ ] as punishable by death.3

    In other words, Mark depicts Jesus' trial as a political affair in which

    prosecutorial (mis)conduct is at best a secondaryconcern.4

    Nevertheless,

    Jesus does not dismiss the proceedings out of hand. On the contrary, in

    2. Raymond E. Brown, The Death of the Messiah: From Gethsemane to the

    Grave: A Commentary on the Passion Narratives in the Four Gospels (2 vols.; ABRL;

    New York: Doubleday, 1994), I, pp. 360-61, 421, 434. As for holding the trial on

    Passover, Brown acknowledges that the regulatory evidence is unclear, but emphasizes

    that defending the trial date's compliance with Jewish law misses the point, viz., Mark

    'deliberately portray[s] the high priest as insensitive to legal niceties, since he has

    already determined on the death of Jesus' (p. 362). See Robert H. Gundry, Mark: A

    Commentary on his Apology for the Cross (Grand Rapids: Eerdmans, 1993), pp. 893-

    94, who argues that the regulatory irregularities are in accordance with recognized

    exceptions for emergency cases such as Jesus'; Ched Myers, Binding the Strong Man:

    A Political Reading of Mark's Story ofJesus (Maryknoll, NY: Orbis Books, 1988),

    p. 372; Eduard Schweizer, The Good News According to Mark (trans. Donald H.Madvig; Atlanta: John Knox, 1970), p. 323. In contrast, Josef Blinzler (The Trial of

    Jesus [Westminster, MD: Newman, 1959], p. 290) maintains that the litigation before

    the council conformed in every respect with Jewish laws at the time.

    3. Death of the Messiah, I, p. 463 (emphases original). Ironically, Mark's death

    scene later in the passion narrative contains a wordplay on that emphasizes the

    imminent replacement of old structures of power, i.e. authority more interested in its

    own perpetuation than in serving the needs of its constituents. Fordetails of this paro

    nomasia, with a different conclusion as to its significance, see Mary Ann Tolbert,

    Sowing the Word: Mark's World in Literary-Historical Perspective (Minneapolis:Fortress Press, 1989), p. 282.

    4 M (Bi di th St M 375 76) h d i il l Wh th th

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    Mark's arrest narrative Jesus appears generally to accept the Jewish

    political establishment, acknowledging its authorityto apprehend criminals

    (14.48) and conceding that he himself had readily met with its membersduring his career ( 14.49).5

    His acquiescence in the prevailing governmental

    system extends to the Roman administration as well, as the pronouncement

    story concerning Caesar's taxation confirms (12.13-17). Jesus' complaints

    are more about how authority is exercised than about who has authority.

    The parable ofthe tenants immediately preceding the discourse on taxes

    (12.1-11) offers evidence that, in the view ofthe Markan Jesus, whoever

    rules does so as God's lessee and, for that reason, is responsible forgov

    erning with justice.Jesus disengages from the hearing before the council, however, when

    false and conflicting testimony is brought against him (14.56-61). Silence

    was an uncommon but legitimate defense tactic in antiquity.6

    In

    Philostratus, Vit. Apol 8.2, for example, Apollonius refers to silence as

    the 'fourth excellence in a court of law' ( ),

    pointing to Socrates as the model for this strategy. Indeed, the court's

    restriction of Apollonius's testimony to briefrebuttals in response to the

    judge's questions rather than the oration that the defendant had preparedforthe occasion is instrumental in his acquittal (8.3-7). Likewise, Josephus,

    War6.5.3 300-305 reports that Jesus son of Ananias was acquitted after

    refusing to offer a defense before Jewish and Roman authorities for his

    anti-Jerusalem rhetoric. That these two defendants are found not guiltyof

    the charges against them attests that, on occasion, silence could be an

    effective maneuver.7

    Availing himself of an established practice, then,

    Jesus refuses to rebut the fallacious charges, including the one spurious

    allegation reported in detail, to wit, that he had pledged to destroy thepresent temple and to replace it with another (14.58). Mark's readers

    recognize that the witnesses in the trial scene are twisting Jesus' words. In

    the apocalyptic discourse ofMk 13, Jesus does prophesy that the temple

    5. See also Mt. 26.55; Lk. 22.52-53.6. Citing Moulton and Milligan, Brown notes that the middle aorist form of

    used here and in 15.4, rare in theNew Testament, reflects legal convention,supporting the judicial characterofthe proceedings in Mark's narrative (Death oftheMessiah I pp 463 64; see MM p 64)

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    will be destroyed, but he does not claim personal responsibility (13.1-2);

    and the chronology of three days is associated with his resurrection in

    Mark's thrice-repeatedpassion prediction, notwith the temple's destruction

    (8.31; 9.31; 10.34).8

    Repetition and double-negative grammatical con

    struction in 14.61 ('he was silent and made no answer'; b

    ) underscore Jesus' steadfastness in disengaging

    from the discussion of fabricated charges, even at the urging of the high

    priest (14.60). At the same time, this emphasis on Jesus' silence reinforces

    the false and unsupported nature of the witness statements and raises

    questions for readers as to whether such testimony would even be admis

    sible because ofthe legal requirement that charges be corroborated.

    9

    Jesus ' petition to God in Gethsemane challenges the notion that his mute

    ness in the face of such allegations is properlyunderstood to be a sign that

    he accepts his cruel fate orthat he is in fact pursuing martyrdom. Although

    the prayer scene presents Jesus as painfully aware of how difficult the

    events about to unfold will be (14.32-42), it also provides testimony of his

    desire to live. The tone of Jesus' prayerin Mark is hopeful, even expectant,

    as a comparison with the otherGospels illuminates. In Matthew and Luke,

    Jesus requests, respectively, 'My father, if it is possible, let this cup passfromme' ( , ; Mt.

    26.39) and 'Father, if you are willing, remove this cup fromme' (

    ; Lk. 22.42).10

    Mark's petition lacks

    the tentativeness of Matthew's and Luke's conditional constructions;

    instead, Jesus prays confidently, 'Abba, Father, all things are possible to

    you; remove this cup fromme' ( oor

    ; 14.36).11

    Mark's direct petition delivers an unhesitating

    response to the more provisional, Matthean-sounding indirect address thatprecedes it in 14.35 ('[Jesus] prayed that, if it were possible, the hour

    might pass fromhim'; '

    8. See Tolbert, Sowing the Word, p. 277; Kurt Schubert, 'Biblical Criticism

    Criticised: With Reference to the Markan Report of Jesus's Examination before the

    Sanhdrin', in Bammel and Moule (eds.), Jesus and the Politics of his Day, pp. 397-99.

    Note that Jesus does not make such a claim in the other Synoptic Gospels, either, but

    see Jn 2.19.

    9. Blinzler, Trial of Jesus, p. 99; Gundry, Mark: Apology for the Cross, pp. 885,

    895; Brown Death of the Messiah I p 445 Unless otherwise stated translations are

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    ). As Sharyn Dowd observes, '[t]he issue of possibility changes

    from a condition in 14.35b to a statement of fact in 14.36... The condition

    imposed in 35b is met. Everything is possible forGod.'12

    Brown concurs

    that neither the conditional indirect petition in v. 35 northe ending ofthe

    prayerin v. 36 ('yetnot whatl will, but what you will') alters the 'starkness

    of the Marcan Jesus' in the direct address. Mark's petition radiates a

    'familial confidence that God would not make the Son go through the

    "hour"', a conviction captured in the address ofGod as 'Abba Father'.13

    Not onlythat, in Mark Jesus repeats the petition for rescue word for word

    (14.39), again in striking contrast to his co-evangelists: Luke has no repeti

    tion, and Matthew's additional prayers focus on Jesus' acceptance of hisfate (26.42, 44).14

    Despite apparent tension between Jesus' request in

    Mark's Gethsemane scene and his earlier forecasts concerning his future

    (8.31 ; 9.31 ; 10.33-34), he conveys the same confidence in God's abilityin

    10.27 when questioned about soteriological possibilities, 'With humans it

    is impossible, but not with God; for all things are possible with God'.15

    To overcome the procedural impasse occasioned by Jesus' categorical

    refusal to respond to the perjured and conflicting testimony against him,

    the high priest shifts his interrogation to a different indictment, one withwhich Jesus does agree.

    16When the jurist inquires whetherthe defendant

    considers himself 'the Christ the Son of the Blessed' (14.61), Jesus

    immediately abandons his previous courtroom demeanor and becomes

    quite engaged.17

    His confession crystallizes Mark's messianic expectations.

    12. Prayer, Power, and the Problem ofSuffering: Mark 11:22-25in the Contextof

    Markan Theology (SBLDS, 105; Atlanta: Scholars Press, 1988), p. 156.

    13. Brown, Death of the Messiah, I, pp. 171, 176 n.22; II, p. 1046.

    14. Dowd, Prayer, Power, andProblem, p. 157, though she does not note Mark's

    distinctiveness from Luke and Matthew. As might be expected, John's Jesus embraces

    the upcoming troubles, pronouncing decisively, '[W]hat shall I say, "Father, save me

    from this hour"? No, for this purpose I have come to this hour' (12.27).

    15. Using Mk 11.22-25 as her exegetical focus, Dowd (Prayer, Power, and

    Problem, esp. pp. 1-5,69-122) argues that one ofthe key characteristics ofthe Markan

    Jesus is his beliefin God's unlimited abilityto accomplish the impossiblea God who

    can move mountainsand that divine assistance is available most powerfully throughprayer.

    16 Blinzler (Trial of Jesus pp 101 102) contends that historically Jesus' strategy

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    The Gospel begins and ends with the declaration that Jesus' messiahship

    is as the Son ofGod (1.1; 15.39), and throughout the implications of this

    relationship for his messianic role as the coming Son ofMan, the primaryparticipant 'in God's cosmic lordship', have materialized (e.g. 8.29-33;

    10.45; 12.35-37).18

    Making the most of his opportunity to address the

    court about a complaint with which he can identify, Jesus not only pleads

    guilty, he elaborates (14.61-62).19

    His courtroom demeanorgives political

    expression to the theological principle he advocates in 13.11 : 'when they

    bring you to trial and deliver you up, do not be anxious beforehand what

    you are to say; but say whatever is given you in that hour for it is not you

    who speak, but the Holy Spirit'.

    Litigation before the Roman Prefect

    Jesus' tactics of engagement and disengagement continue in Mark's

    account of the trial before Pilate (15.1-5). Jesus' equivocal but open-

    ended response to Pilate's initial interrogative ( ; 15.2), while

    disavowing the attribution,20

    signals willingness to continue the dialogue

    indeed, it cries out for a follow-up from the prefect. This attempt at

    engagement is truncated, however, when instead of further inquiry byPilate, the scene shifts to the chief priests who step forward to prefer a

    numberof charges against Jesus. Their allegations are not specified, but

    the remainder ofthe Gospel leaves little question that the accusations are

    second title ('Son of the Blessed') is not a synonym for the first ('Christ'), but is

    essential and integral to its proper identification. That is to say, the messianic expec

    tation projected by the compound title is 'not the Messiah-Son-of-David, nor theMessiah as the son of any other human being, but rather the Messiah-Son-of-GoJ'

    (p. 130, emphases original). Additionally, 'Blessed' as a circumlocution forGod lacks

    parallels in Jewish literature and is, therefore, likelya literary touch meant to add a

    (popular) flavorof Jewishness to the interchange, i.e. howfrom a Greekperspective

    Jews would have spoken (Donald Juel, Messiah and Temple: The Trial ofJesus in the

    Gospel of Mark [SBLDS, 31; Missoula, MT: Scholars Press, 1977], p. 79; Brown,

    Death of the Messiah, I, p. 470).

    18. Marcus, 'Mark 14.61 ', p. 139. The text-critical problem of in 1.1 is

    much discussed in the literature.19. Cf. Dan. 7.13 ; Ps. 110.1.1 am not addressing the possibilities for Jesus' historical

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    of sedition, charges that would have considerably more interest to the

    Romans than the religious indictments litigated before the Jewish council.21

    First, in the Barabbas episode immediately following, Pilate's referencesto Jesus as the 'king ofthe Jews' in 15.9 and 12 form an inclusio, directing

    attention to the intervening verses (15.10-11) that focus on the attitude

    (envy; 15.10) and activity (inciting the crowd against Jesus ; 15.11 ) of the

    chiefpriests. Indeed, in 15.12 Pilate unambiguously announces that the

    Jews brought the sedition charges against Jesus ('Then what shall I do

    with the man whom you callthe King of the Jews?').22

    Unfortunately,

    however, the external text-critical evidence forthe omission of

    is too formidable to base the argument that the allegation originated withthe chief priests on this verse alone. Later, the chief priests are mentioned

    as among the group of Jewish leaders who ridicule the crucified Jesus as

    'Christ the king of Israel' (15.32),23

    a title that merges indictments from

    the two criminal pleadings and, in so doing, wrongly assigns royalin the

    sense of imperial politicsdimensions to the messianic conception

    envisioned in Mark's Gospel as articulated, forexample, in Jesus' replyto

    Peter's confession on the way to Caesarea Philippi (8.29-32).24

    Finally,

    for the remainder of Mark's narrative, sedition is cited as the crime forwhich Jesus has been convicted and condemned. In addition to the refer

    ences involving the chief priests, the soldiers mock Jesus as 'king of the

    Jews' (15.16-20), and the titulus lists the charge for which he is crucified

    as 'king ofthe Jews' (15.26).

    With the appearance and testimony ofthe chiefpriests, Jesus for a second

    time disengages from the legal process, his unwillingness to respond

    again accentuated by a double negative, (15.5).25

    Pilate is

    momentarilystunned by Jesus' strategy of disengagement (his reaction to

    Jesus' silence is astonishment [; 15.5]). Quickly recovering, the

    jurist adopts a different tack, namely, a prisoner exchange involving Jesus

    21. See Gerhard Schneider, 'The Political Charge against Jesus', in Bammel andMoule (eds.), Jesus andthe Politics ofhis Day, pp. 403-404; Gundry, Mark: Apology

    for the Cross, p. 924; Brown, Death ofthe Messiah, I, pp. 728-29, 731; Darrell L.Bock, 'Key Jewish Texts on Blasphemy and Exaltation and the Jewish Examination of

    Jesus', in Eugene H. Lovering, Jr(ed.), Society ofBiblicalLiterature 1997SeminarPapers (SBLSP, 36; Atlanta: Scholars Press, 1997), p. 155.

    22 E h i dd d

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    and Barabbas (15.6-15).26

    The account of the swap of Jesus for a con

    victed assassin exposes once and for all the fraudulent nature ofthe case

    against him. As far as Mark is concerned, Jesus' guilt or innocence is notadjudicated according to the juridical norms and evidentiary procedures of

    the period, a reading confirmed by the absence of judicial terminology in

    the announcement ofthe sentence.27 He is instead railroaded on the basis

    of manufactured testimony and mob deliberation sanctioned bythe repre

    sentative of Roman authority at Jerusalem in cooperation with Jewish

    leaders.28

    Strategy of Obstruction

    Crossbearing

    Once the prosecution is complete and the verdict rendered, Mark depicts

    an even more radical strategy implemented by Jesus, namely, active

    obstruction ofthe discharge ofthe court's sentence. This course ofaction

    first emerges when the authorities are compelled to impress Simon to

    carry the cross (15.21). Since condemned persons were customarily

    required to carry to the site oftheirexecution the crossbeam (patibulum)

    upon which they were to be fastened, the enlistment of Simon indicates

    that Jesus either would not or could not perform this task.29

    Several

    26. Jesus' reticence in Markis particularly striking when contrasted with Luke's

    description ofthe extensive discourses delivered byStephen and Paul at their trials(Acts 7.1-53; 22.1-21; 23.1-5; 24.10-21; 26.1-29; Schweizer, GoodNews, p. 337).

    27. Brown (Death ofthe Messiah, I, pp. 853-54) argues that the lack of legalterminology(; ) is not sufficient grounds forrejecting the understanding ofMk15.1-15 as a 'trial', and that the plausibility ofthe Roman trial process

    narrated in Markis defensible despite being stylized fordramatic effect (I, pp. 715,725-26; see also Schubert, 'Biblical Criticism', pp. 401-402; but cf. Bammel, 'Trial

    before Pilate', pp. 434-35).

    28. Myers's chart ofthe parallel narrative construction ofthe two interrogationsdemonstrates the equivalence of responsibility for Jesus' execution assigned in Mark's

    Gospel to Roman and Jewish authorities (Binding the StrongMan, p. 370).

    29. Ancient sources forthe practice of crossbearing bycondemned prisoners includePlutarch, Mor. 554B; Chariton, Chaer. 4.2.7, 4.3.10; Artemidorus, Onir. 2.56. See

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    narrative details support the former, that is, that Jesus refuses to carrythe

    cross. First, , a Persian loanword and technical term for govern

    mental authority to impress persons to perform services, lends to thedrafting ofthe Cyrenian a sense of juridical deliberation, not improvisation

    in the face ofa sudden and unexpected change ofcircumstance.30

    Second,

    Jesus' refusal to accept the customary responsibility for bearing the cross

    makes understandable the problematic contradiction between this passage

    and his earlier instructions in 8.34 that following him would require

    taking up one's cross. Adictum to which Jesus himself does not adhere

    offers little assurance to nascent disciples ofthe efficacy of faithfulness in

    the midst ofpersecution. Alternatively, Simon does not seem a satisfactorymodel of discipleship, since his crossbearing is not elective.

    31Rather, the

    noted Markan irony in the contrast between these two passages serves to

    highlight that Jesus 'takes up his cross' bynottaking up his cross, standing

    against injustice bydefying society's customary expectations ofcon

    demned prisoners.

    The explanation frequently advanced forthe unusual recruitment of

    another forcrossbearing purposes in Mark's drama is that Jesus is too

    weak and exhausted after the ordeal he undergoes to bear the cross toGolgotha, particularly as a result ofthe beatings inflicted upon him at the

    conclusion ofboth trials.32

    Historical comparisons and internal narrative

    evidence present difficulties forthis reading, however. Prisoners during

    that period were commonly scourged before execution, yet remained able

    Vincent Taylor, The GospelAccording to St. Mark(London: Macmillan, 1966), p. 587.30. See Gundry, Mark: Apologyfor the Cross, p. 953; C.E.B. Cranfield, The Gospel

    According to St. Mark(CGTC; Cambridge: Cambridge University Press, 1959), p. 454;

    Brown, Death of the Messiah, II, p. 914; BDAG, p. 7; C. Spicq, '', TLNT, I,

    pp. 23-25. Simon's conscription as the result ofan unforeseen development might be

    inferred in Luke's Gospel, which does not employ the loanword (4[a]s theyled him

    away, theyseized [] one Simon ofCyrene'; 23.26).

    31. Anderson, Mark, p. 340; but see Brian K. Blount, Social-Rhetorical Analysis

    of Simon ofCyrene: Mark 15:21 and its Parallels', Semeia 64 (1993), pp. 171-98, and

    Schweizer, GoodNews, p. 345.32. E.g. Brown, Death of the Messiah, II, pp. 914-15 ; Gundry, Mark: Apology for

    h C 944 M B d h S M 385 S h i G d N

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    to assume crossbearing responsibilities.33

    In fact, it is likelythat prisoners

    were routinelyflogged while being led to their execution with the beam

    on their backs, illustrating that authorities knew how and how much toinflict punishment and still maintain the victim's ability to shoulder the

    patibulum. For example, Dionysius, Ant. rom. 7.69.1-2 tells ofa prisoner

    who was beaten and dragged through Rome, then continuously whipped

    as he went to his execution with the crossbeam strapped to his arms across

    his shoulders. Despite excruciating pain, he had the strength and presence

    ofmind to taunt the crowd along the way with obscene body gestures.34

    Practitioners of pre-execution persecution were, of course, capable of

    crossing the lineexamples of prisoners who were tortured until theywere dead exist in the literaturebut Mark does not mention any such

    overaggressive measures.35

    Indeed, the single word that announces Jesus'

    scourging in 15.15 (^) marks this incident as indistinguishable

    from pre-crucifixion pummelings typical ofthe period. Likewise, the clear

    implication ofthe statement that Jesus was 'led away' () bythe

    soldiers after being flogged (15.16) is that he is sufficiently healthy to

    walk. The same inference should be drawn from the ensuing account of

    Jesus' mistreatment at the hands ofthe Roman soldiers (15.17-20). Afterentertaining themselves by abusing their prisoner in a variety of ways,

    including beating, the account closes with the notification that the soldiers

    dress Jesus back in his own clothes and lead him out to be crucified

    33. E.g. Dionysius of Halicarnassus, Ant. rom. 7.69.2; Cicero, Rab. Perd. 5.16. Thediscussion in Cicero, Verr. 5.163-70 of Publius Gavius's ordeal under Verres

    flogging, torture with fire and hot metal instruments of some kind, imprisonment at

    hard labor in the stone quarries at Syracuseprovides evidence ofthe extent to which

    prisoners could be tortured and survive before crucifixion. Gundry(Mark: Apology for

    the Cross, p. 938) supplies an inventory of primary sources that report such floggings,

    noting the distinction in the sources between beatings meant tokill prisoners and those

    preliminary to execution; see also Blinzler, Death ofJesus, p. 234; Martin Hengel,

    Crucifixion in the Ancient World and the Folly of the Message of the Cross

    (Philadelphia: Fortress Press, 1977), pp. 27-29.34. In anotherexample, Josephus, War7.5.6 154, describes how the Jewish general

    S f G d h l b d d h l f h

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    (15.20). In addition, the surprise ()36

    registered byPilate at how

    quickly Jesus dies on the cross (15.44) confirms that, in Mark's passion

    account, this prisoner's physical condition is considered no worse thanothers in the same circumstance.

    37Such setbacks to the incapacity hypoth

    esis have led to speculation that perhaps the narrative is implying that

    Jesus attempts to carrythe cross but collapses under its weight due to his

    weakened condition.38

    Historically, however, crossbeams probably were

    not heavy enough to cause prisoners to collapse and, in anycase, the

    Gospel gives no hint that Jesus everattempts to lift the beam or that Simon's

    assumption of the crossbearing duty occurs after Jesus can no longer

    fulfill the responsibility.39

    It appears, therefore, thatfromthe outset Simon,not Jesus, is charged with carrying thepatibulum. In addition to difficulties

    within Mark's Gospel itself, proponents ofthe incapacity hypothesis are

    hard-pressed to account forLuke's narrative, which introduces Simon as

    crossbearer even though it contains no floggings of Jesus bythe Romans.

    Those who plead this case are reduced to forced explanations forLuke's

    version; forexample, that in editing Mark's material, the absence of flog

    ging reports went unnoticed bythe Gospel writer.40

    Parade to Golgotha

    The verb by Mark in 15.22, understood in its principal sense of

    'carry', suggests that, after refusing to take up his cross, Jesus compounds

    his obstructionism by balking at the trekto Golgotha, forcing the soldiers

    responsible forhis execution to carry him there (

    ). Bauerlists 'bring' or'lead' among the possible mean

    ings for when used ofliving persons or animals, and references Mk

    36. The identical word used ofPilate's reaction to Jesus' silence in 15.5 discussedpreviously.

    37. Blinzler, TrialofJesus, p. 226. Blinzlercontests the understanding that Jesus'earlydemise was due to the brutality inflicted upon him priortohis crucifixion, arguingfrom Josephus's account ofcrucified friends (Life 75 420-21) that

    4[h]anging for

    severalhours on the cross could ofitselfcause such a state ofexhaustion that thedelinquent would be beyond recovery even iftaken down alive' (p. 250; emphasis

    added).38. E.g. Blinzler, TrialofJesus, p. 252; Cranfield, Gospel ofSt. Mark, p. 454; Lane

    M k 562 S h id M k 287 T l S M k 587 88 B Wi h i

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    15.22 as one instance ofthis sense.41

    Moreover, Joseph A. Fitzmyer has

    pointed out that, 'although [] would seem to be etymologically the

    more natural verb forthe sense of "lead" or "bring".. .a glance at variouslxica of classical writers reveals that the meaning ofpherein, "bring,lead", can be found almost throughout the various phases of the knownGreek language'.42 In his study of Jn 21.18-19, however, J. Duncan M.Derrett counters that ' and ayco are most certainlynot synonyms, forthey are sometimes used together'.

    43In the other nine occurrences of

    with living persons in Mark, the object is sick, physically or

    mentally infirm or challenged, or a child, and the term conveys the sense

    of literal or figurative 'carrying', that is, the individual could not orwouldnot 'move from one position to another' independently.

    44This is

    overwhelmingly the case in the other Gospels and Acts as well when

    is employed with living persons.45

    Mark was surely familiar with

    , as he uses compound forms of the term to express 'leading' in the

    section ofthe narrative immediately preceding the present verse:

    in 14.44 ('[t]he one I will kiss is the man; seize him and lead him away

    []'), 14.53 ('they led [] Jesus to the high priest') and, as

    noted previously, 15.16 ('the soldiers led him away []'), and in 15.20 ('they led him out [] to crucify him').

    Most interpreters accept the sense of'bring' or'lead' for in 15.22,

    some even while admitting the possibility that 'carry' might be a better

    translation. M. Eugene Boring's comment is typical, 'Mark may even

    picture Jesus being physically carried to the place of execution. (The basic

    meaning of the Greekwordphero is "carry"... though it can also mean

    41. BD AG, p. 1051 ; so RSV, 'they brought him to the place called Golgotha'.

    42. 'The Use ofAgein and Pher ein in the Synoptic Gospels', in Eugene Howard

    Barth and Ronald Edwin Cocroft (eds.), Festschrift to Honor F. Wilbur Gingrich:

    Lexicographer, Scholar, Teacher, and Committed Christian Layman (Leiden: E.J.

    Brill, 1972), p. 158.

    43. ', , ocXos: The Fate ofPeter (Jn 21,18-19)', FN S(1995), p. 82.44. BDAG, pp. 1051; Mk 1.32 (par. Mt. 8.16 []); 2.3 (par. Mt. 9.2

    []; Lk. 5.18); 2.4 (; par. Lk. 5.19 []); 7.32; 8.22; 9.17 (par.Mt. 17.16 []); 9.19 (par. Mt. 17.17); 9.20; 10.13 (; par. Mt. 19.13;

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    simply "bring")'.46 A few commentators, however, have insisted that the

    verb maintains its primary sense of'carry' in this passage. In a 1993 essay

    addressing this issue, Jean-Pierre Lmonon resolutely maintains that thetranslation of can only be 'carry' ,

    47As early as the nineteenth century,

    M.F. Sadler proposed that Mark likely chose to specify that Jesus'

    executioners 'halfcarryor drag' him to Golgotha. Sadler's reasoning was

    that Jesus' physical condition as a result of his thrashings necessitated this

    departure from the normal procedure.48

    As I have argued, however, Mark

    does not portray Jesus as incapable of walking to Golgotha; therefore,

    considering the action as a humane deed on the part ofthe soldiers coerced

    by Jesus' failing health does not seem consistent with the narrative evidence. Furthermore, ifMarkwanted to conveythat the soldiers dragged

    Jesus to his executiona not unheard ofpractice and, in fact, one some

    times employed as part ofthe spectacleappropriate expressions were

    readily at hand: ('to drag away by force') and its synonym ,

    verbs attested in the literature oftheperiod, including the New Testament.49

    The second-centurybishop and philosopher Melito of Sardis understood

    this as precisely Jesus' fate, that he was the lamb 'dragged [oupets] to

    slaughter'.50 As others have noted, if Markan priority is assumed, bothMatthew and Luke substitute for (Mt. 27.33; Lk. 23.33),

    and the western textual tradition of Mark replaces it with .5 1

    It is

    plausible that these other Gospel traditions were uncomfortable with

    Mark'suse of, andtookpains to preclude thepossibility ofconstruing

    46. Truly Human/Truly Divine: ChristologicalLanguage and the GospelForm (St.

    Louis: CPB, 1984), p. 53. See also Gundry, Mark: Apology for the Cross, pp. 923,944,954-55, who allows that in 15.21 might indicate 'carrying' in the sense of

    dragging by hook as noted in Cicero, Rab. Perd. 5.16.

    47. 'Selon Marc 15, 22a, Jsus a-t-il t port ou men au lieu-dit Golgotha?', in

    Louis Panier (ed.), Le temps de la lecture: Exgse biblique etsmiotique (Paris: Cerf,

    1993), pp. 147-61. According to Lmonon, Mark's intent is to reduce Jesus to an

    objectbut an object that is in charge of the events taking place.

    48. M.F. Sadler, The Gospel According to St. Mark, with Notes Critical and

    Practical(London: Bell, 1892), p. 387.

    49. Acts 8.3; 14.19; 17.6; Jn 21.8; Rev. 12.4 for ; Acts 16.19; 21.30; Jas 2.6for /. For the custom of dragging prisoners before executing them, see

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    CAMPBELL Engagement, Disengagement and Obstruction 297

    what happens to Jesus as 'carrying'. Matthew offers not the slightest

    suggestion that Jesus, Simon and the soldiers do not all walkto Golgotha,

    saying only that 'they came (E9VTES) to a place called Golgotha' (27.33).Luke makes explicit that Jesus goes to his execution under his own power,

    detailing how Simon carries the cross behind him while Jesus takes time

    to turn and speak to the crowd of mourners who are following along (Lk.

    23.26-31).

    The purpose of parading the condemned to the location of the execution

    in the ancient world was to secure submissionof the convicted prisoner,

    to be sure, but more importantly of others who might be tempted to resist

    legitimate authority.52

    Michael P. Green has pointed out how this wasaccomplished:

    Having condemned a man to die for his rebellion, Rome required him, ashis last act, to display submission publicly to the authority against which hepreviously had rebelled. This was done by having him carry the instrumentof his judgment through the city to a public place while wearing a signwhich said that he had been a rebel. But, as all could see, he was nowsubmissive.

    53

    There were likely defendants facing the death penalty who refused to

    comply with this demandsome prisoners who were dragged ( or

    ) to theirexecution no doubt refused to go voluntarily.54

    Markhas

    presented Jesus throughout the Gospel as one who resists exploitative

    regimes, a portrayal that is encapsulated in Jesus' instructions to the

    twelve in 10.42-45:

    You know that those who are supposed to rule overthe Gentiles lord it over

    them, and theirgreat men exercise authorityoverthem. But it shall not beso among you; but whoever would be great among you must be yourservant, and whoever would befirstamong you must be slave ofall. FortheSon ofman also came not to be served but to serve.

    Moreover, Jesus has used obstructionist tactics previously in Mark's

    narrative, conducting, forinstance, what Richard A. Horsleydescribes as

    'an obstructive demonstration' in his outburst at the Jerusalem temple in

    52 G 'C B i ' 117 33

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    298 Journalfor the Study of the New Testament 26.3 (2004)

    Mk 11.15-17.55

    Consistent with Mark's characterization, now intensified

    as Jesus confronts the ultimate abuse of juridical authority, in 15.22

    corroborates the depth of Jesus' opposition to abusive and unjust powerstructures in a way not possible with . Not unlike practitioners of

    civil disobedience in our own time, Jesus resists even being dragged to

    Golgotha, obliging his executioners to lift and shuttle him there. In its

    entirety, therefore, Mark's description ofthe trekto Golgotha impressively

    demonstrates Jesus' unwillingness to submit to injustice by narrating his

    refusal to cooperate in any way withindeed, by actively obstructing in

    whatever ways are at handthis act of 'judicial murder'.56

    Jesus' defiance extends to the point of rejecting the soldiers' singlehumane gesture, theiroffer of myrrhed wine before crucifying him (15.23).

    Commentators have associated this actwith the Jewish custom of supplying

    a drugged wine to prisoners about to be executed in orderto alleviate their

    pain,57

    but the Jewish practice involved wine mixed with frankincense,

    not myrrh, and the drink was provided by Jewish women, not Roman

    soldiers.58

    More likelyhere it represents spiced wine favored bythe military

    and remembered by the elder Pliny as among 'the finest wines'.59

    This

    moment of compassion might appear out ofcharacterforthe soldiers, butexamples of prisoners commanding a measure of courtesy from their

    powerful antagonists are available (e.g. Paul in Acts, especially from the

    centurion Julius as he is transporting the apostle to Rome in Acts 27.1-

    28.16). Mark's Jesus, however, resolute in his strategy of obstruction,

    rejects the patronizing civilityof mercy without justice.

    Conclusion:Failure ofDefense Strategies andChristologicalRepercussions

    Anyone who has heard of, read about or been part of a movement of

    political resistance understands that those who attempt to stand up to

    traditional structures of power face the risk, perhaps even the likelihood,

    55. Richard A. Horsley, Hearing the Whole Story: The Politics ofPlot in Mark's

    Gospel (Louisville, KY: Westminster John Knox Press, 2001), p. 41 .56. Blinzler, Trial ofJesus, p. 293.

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    of ineffectiveness and failure. Mark's narrative is careful to underscore

    that Jesus' struggle for justice through engagement, disengagement and

    obstruction does not marshal a throng of sympathizers united in support ofhim nor alter the eventual outcome of his trial. Following the hearing beforethe Jewish council, the Gospel dramatically chronicles Peter's triple denialof Jesus (14.66-72). When Jesus stands firm before Pilate, the crowd that

    had previously been a receptive and sympathetic audiencethe same

    crowd whose support had made his arrest so difficult for his opponents

    (12.12; cf. 11.18; 14.2)reverses itself and demands his execution (15.6-

    15).60 And after Jesus' final act of resistance on the way to Golgotha, the

    bandits who suffer the same fate as he humiliate him (15.27,32b), peoplewho are just passing by blaspheme him (15.29-30), and everyone he cares

    about abandons him, including God (15.34,40-41 ). Jesus ' trial and execu

    tion, then, remain brutal and desolate experiences in Mark. The intensity

    of his physical, psychological and spiritual pain is revealed in his powerful,agonized utterance fromPs. 22, 'My God, my God, why have you forsaken

    me' (15.34). Daniel Guichard and Vernon K. Robbins have observed that

    verses from Ps. 22 interspersed in the death-scene narrative, culminating

    now in the cry of abandonment, are in reverse order from their originalcontext.61 Instead of ascending toward deliverance and thanksgiving, in

    Mark the psalm motifs descend to defeat and abandonment. By inverting

    the psalm's sequence, Mark subverts its rhetoric, producing a recontextual-

    ization that lifts up the horror of Jesus' deathhis agony and his

    abandonment.62 In the end, therefore, the defense strategies attempted by

    Jesus in Mark do not overcome the obvious legal advantages of the more

    influential prosecutors, nor do they lead to an overturning of the verdict

    reached by the court or commutation of the sentence imposed. Despite his

    60. See 2.13; 3.9; 4.1; 5.21-34; 6.30-44; 8.1-9; 9.14-29; 10.1,46; 11.18; 12.12,37.61. The lament section of the psalm (w. 2-22) from which Mark's references are

    drawn contains three distinct motifs: (1) the individual laments that God is absent andasks why (w. 2-6; cf. Mk15.34); (2) then grieves over being mocked and scorned (w.7-13; cf. Mk 15.29); and, finally, deplores his/her powerlessness in the face of the

    enemy (w. 14-22; cf. Mk 15.24). Mark, however, moves in the opposite direction

    (15.24, Ps. 22.19; 15.29, Ps. 22.8; 15.34, Ps. 22.2); Vernon K. Robbins, 'The ReversedContextualization of Psalm 22 in the Markan Crucifixion: A Socio-Rhetorical Analysis',

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    300 Journal for the Study of the New Testament26.3 (2004)

    efforts, Jesus is convicted and executedand he dies tortured, derided

    and alone.

    Where in this reading, then, is thegoodnews announced at the beginningof Mark's Gospel? This powerfully narrated episode that crowns the story

    as painfully as the thorns pressed into Jesus' skull suggests that good news

    must be discovered in the midst of the horror.63 Although I cannot in the

    present article explore fully the signification of this narrative reality, a

    consistent vision in Mark, the implications for the scenes on which my

    analysis focuses are unmistakable. During his trial and execution, the

    Markan Jesus models his own counsel that 'those who wish to save their

    life will lose it, and those who lose their life for my sake and the gospel'swill save it' (8.35)not by passively accepting a cruel fate, but by

    actively defending himself in whatever ways are available to him against

    injustice that is anathema to the kingdom he preaches (1.14-15). The

    outcome ofJesus' criminal prosecutions strikes readers as inevitable, but

    the gospel demands that he of all people confront pernicious structures of

    authority regardless of his circumstances or the potential for success. As

    much as heand wemight prefer otherwise, great accomplishment can

    sometimes arise only out of equally great failure (8.31, 9.31, 10.33-34;16.1-8).

    63. I wish to thank Brian Blount, my teacher and colleague at Princeton Theological

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