| 
			  
			
 
 4 -
			Opposing the Consensus
 
 Edmund Wilson, John Allegro and Geza Vermes all condemned the 
			international team for secrecy, for procrastination and delay in 
			releasing Qumran material and for establishing a scholarly monopoly 
			over the Dead Sea Scrolls. Wilson and Allegro both challenged the 
			team's laboured attempts to distance the Qumran community from 
			so-called 'early Christianity'.
 
			  
			In other respects, however, all 
			three scholars concurred with the consensus of interpretation 
			established by the international team. They accepted, for example, 
			the team's dating of the Dead Sea Scrolls as being pre-Christian. 
			They also accepted the team's contention that the members of the 
			Qumran community were Essenes. And they accepted that the supposed 
			Essenes at Qumran were of the traditional kind described by Pliny, 
			Philo and Josephus - ascetic, reclusive, pacifist, divorced from the 
			mainstream of social, political and religious thought.  
			  
			If 
			Christianity were indeed somehow connected with the Qumran 
			community, it therefore emerged as less original than had hitherto 
			been believed. It could be seen to have drawn on Qumran, just as it 
			was acknowledged to have drawn on 'conventional' Old Testament 
			Judaism. Apart from that, there was no particular reason to modify 
			one's image or conception of it.
 By the 1960s, however, scholarly opposition to the international 
			team's consensus had begun to arise from another quarter. Its 
			questioning of that consensus was to be much more radical than 
			anything submitted by Wilson, Allegro or Vermes. It was to challenge 
			not only the dating of the Qumran scrolls as established by the 
			international team, but also the allegedly Essene character of the 
			Qumran community. The men responsible for this criticism were Cecil 
			Roth and Godfrey Driver.
 
 Cecil Roth was perhaps the most prominent Jewish historian of his 
			era. After serving with the British Army during the First World War, 
			he had obtained his doctorate from Merton College, Oxford, as an 
			historian. For some years, he was Reader in Jewish Studies at Oxford 
			- the post now occupied by Geza Vermes. He was a prolific writer, 
			with more than six hundred publications to his credit. He was also 
			editor-in-chief of the Encyclopaedia judaica. He commanded enormous 
			respect in the academic world, and was recognized especially for his 
			expertise in Judaic history.
 
 Godfrey Driver was a figure of comparable academic stature. He, too, 
			had served with the British Army during the First World War, seeing 
			action particularly in the Middle East. He, too, taught at Oxford, 
			at Magdalen College, becoming, in 1938, Professor of Semitic 
			Philology. Until 1960, he also did three stints as Professor of 
			Hebrew. He was joint director of the team which translated the Old 
			Testament for the New English Bible. As we have noted, he was John 
			Allegro's mentor, and recommended Allegro for the international 
			team.
 
 From the very first discoveries of the Dead Sea Scrolls, Professor 
			Driver had advocated caution about the early, pre-Christian dates 
			ascribed to them. In a letter to The Times on 23 August 1949, he 
			warned that the pre-Christian date ascribed to the Qumran scrolls 
			'seems likely to win general acceptance before being subjected to 
			critical examination'.1
 
			  
			In the same letter, he stated:  
				
				'The external 
			evidence... for a pre-Christian date is extremely precarious, 
			while all the internal evidence seems against it. '2  
			Driver stressed 
			the risks of attributing too much accuracy to what he called 
			'external evidence' -to archaeology and paleography. He advocated, 
			rather, a scrutiny of the 'internal evidence' - the content of the 
			scrolls themselves. On the basis of such evidence, he was eventually 
			to conclude that the scrolls dated from the 1st century of the 
			Christian era.
 In the meantime, Cecil Roth had been conducting his own research 
			and, in 1958, published the results in a work entitled The 
			Historical Background of the Dead Sea Scrolls. The historical 
			background, he argued, was not pre-Christian, but, on the contrary, 
			dated from the time of the revolt in Judaea, between AD 66 and 74. 
			Like Driver, Roth insisted that the texts of the scrolls themselves 
			were a more accurate guide than archaeology or paleography.
 
			  
			Availing himself of this guide, he developed a number of points that 
			not only ran counter to the international team's consensus, but must 
			also have outraged the Catholics among them. Citing textual 
			references in one of the scrolls, for instance, he demonstrated that 
			the 'invaders' regarded as adversaries by the Qumran community could 
			only be Romans - and, further, could only be Romans of the Empire, 
			of imperial rather than republican times.  
			  
			He also demonstrated that 
			the militant nationalism and messianic fervor in many of the 
			scrolls had less in common with traditional images of the Essenes 
			than with the Zealots described by Josephus. He acknowledged that 
			the original community at Qumran might indeed have been established 
			by Essenes of the traditional kind, but if so, he contended, they 
			would have vacated the site when it was destroyed in 37 BC. Those 
			who occupied it subsequently, after 4 BC, and who deposited the 
			scrolls, would not have been Essenes at all, but Zealots.  
			  
			Pursuing 
			his argument a step further, he then endeavored to establish links 
			between the Qumran community and the fierce defenders of Masada 
			thirty miles to the south.
 Such assertions, needless to say, provoked indignant criticism from 
			Father de Vaux's team. One of de Vaux's associates, Jean Carmignac, 
			in reviewing Roth's book, complained that Roth 'does not miss any 
			occasion to closely link Masada and Qumran, but this is another 
			weakness of his thesis'.3 Even when, eight years later, Yigael Yadin, 
			in his excavations at Masada, found scrolls identical to some of 
			those discovered at Qumran, the international team refused to 
			consider Roth's thesis.
 
			  
			Quite clearly, some sort of connection had 
			to exist between Qumran and Masada, yet the team, their logic now 
			creaking painfully at the seams, insisted only one explanation was 
			possible - 'some' of the Essenes from Qumran must have deserted 
			their own community and gone to the defense of Masada, bringing 
			their sacred texts with them!
 So far as Masada was concerned, Roth was, then, to be vindicated by 
			Yadin's excavations. But he was also quite capable of fighting his 
			own battles. In an article published in 1959, he focused 
			particularly on de Vaux's assertion, based on supposed 
			'archaeological evidence', that the scrolls could not have been 
			deposited any later than the summer of AD 68, when Qumran was 'taken 
			by the 10th Legion'.4 Roth demonstrated conclusively that the 10th 
			Legion, in the summer of AD 68, was nowhere near Qumran.5
 
 Roth's arguments may have infuriated de Vaux's international team, 
			but they were shared by his colleague Godfrey Driver. The two worked 
			closely together, and in 1965 Driver published his massive and 
			detailed opus on the Qumran material, The Judaean Scrolls. According 
			to Driver, 'arguments to establish a pre-Christian date of the 
			Scrolls are fundamentally unsound'. The sole reasons for 
			establishing such a date were, he pointed out, paleographical, 'and 
			these cannot stand alone'.6
 
			  
			Driver agreed with Roth that the scrolls 
			referred to the period of the revolt in Judaea, between AD 66 and 
			74, and were thus 'more or less' contemporary with the New 
			Testament. He also concurred with Roth that the Qumran community 
			must have consisted of Zealots, not traditional Essenes. He 
			calculated that the scrolls could have been deposited at Qumran any 
			time between then and the end of the second revolt in Judaea, the 
			rebellion of Simeon bar Kochba between AD 132 and 135.  
			  
			He was 
			scathing about the scholarship of the international team, as 
			exemplified especially by de Vaux.
 Roth and Driver were both famous, acknowledged, 'heavyweights' in 
			their respective historical fields, who could not be ignored or 
			cavalierly dismissed. Their prestige and their learning could not be 
			impugned or discredited. Neither could they be isolated. And they 
			were too skilled in academic controversy to put their own necks into 
			a noose, as Allegro had done. They were, however, vulnerable to the 
			kind of patronizing condescension that de Vaux and the international 
			team, closing ranks in their consensus, proceeded to adopt.
 
			  
			Roth and 
			Driver, august though they might be, were portrayed as out of their 
			element in the field of Qumran scholarship. Thus, de Vaux, reviewing 
			Driver's book in 1967, wrote,  
			 
				
				'It is a sad thing to find here once 
			more this conflict of method and mentality between the textual 
			critic and the archaeologist, the man at his desk and the man in the 
			field. '7  
			Not, of course, that de Vaux spent so very much time 'in 
			the field' himself. As we have seen, he and most others on the 
			international team were content to remain ensconced in their 'Scrollery', 
			leaving the bulk of the fieldwork to the Bedouin. But the 'Scrollery', 
			it might be argued, was at least closer to Qumran than was Oxford. 
			 
			  
			Moreover, de Vaux and his team could claim first-hand familiarity 
			with the entire corpus of Qumran texts, which Roth and Driver, 
			denied access to those texts, could not. And while Roth and Driver 
			had questioned the international team's historical method, they had 
			not actually confronted its excessive reliance on archaeology and 
			paleography.
 Archaeology and paleography appeared to be the team's strengths, 
			allowing de Vaux to conclude his review of The Judaean Scrolls by 
			stating, confidently and definitively, that 'Driver's theory ... is 
			impossible'.8 He could also, by invoking archaeology and paleography, dazzle other figures in the field and effectively 
			hijack their support. Thus Professor Albright was persuaded to weigh 
			in against Driver, whose thesis, Albright declared, 'has failed 
			completely'.
 
			  
			Its failure, Albright went on, derived from,  
				
				'an obvious 
				skepticism with regard to the methodology of archaeologists, 
			numismatists, and paleographers. Of course, he [Driver] had the bad 
			luck to run into head-on collision with one of the most brilliant 
			scholars of our day - Roland de Vaux... '9 
			Moving on to the offensive, the international team and their 
			colleagues continued to bombard Roth and Driver with increasingly 
			contemptuous criticism. Both, as Eisenman has observed, 'were 
			ridiculed in a manner unbecoming their situation and with such 
			ferocity as to make one wonder'.10 No one dared support them.  
			  
			No one 
			dared risk the wrath of the now solidly entrenched consensus.  
				
				'And 
			the scholarly sheep', as Eisenman says, 'fell into line.'11 
				 
			So far 
			as Roth and Driver were concerned, their interests and reputations 
			weren't confined exclusively to Qumran research. In consequence, 
			they simply retired from the arena, not deeming it worthwhile to 
			pursue the matter further. That this should have been allowed to 
			happen testifies to the timidity and docility of other researchers 
			in the field. It remains a black mark in the record of Qumran 
			scholarship.
 If the international team had exercised a monopoly before, their 
			position now appeared to be unassailable. They had outmaneuvered two 
			of their most potentially formidable adversaries, and their triumph 
			seemed to be complete. Roth and Driver had been driven to silence on 
			the subject. Allegro had been discredited. Everyone else who might 
			pose a threat had been intimidated into compliance. By the late 
			1960s and early 1970s, the hegemony of the international team was 
			virtually absolute.
 
			  
			By the mid-1980s, such opposition as existed to the international 
			team was scattered and disorganized. Most of it found expression in 
			the United States, through a single journal, Biblical Archaeology 
			Review. In its issue for September/October 1985, BAR reported a 
			conference on the Dead Sea Scrolls held at New York University the 
			previous May. It repeated the statement by Professor Morton Smith 
			made at that conference:  
				
				'I thought to speak on the scandals of the 
			Dead Sea documents, but these proved too numerous, too familiar, and 
			too disgusting.12 It observed that the international team were 
			'governed, so far as can be ascertained, largely by convention, 
			tradition, collegiality and inertia'.13  
			And it concluded: 
				
				The insiders, the scholars with the text assignments (T.H. Gaster, 
			professor emeritus of Barnard College, Columbia University, calls these insiders 'the charmed 
			circle'), have the goodies - to drip out bit by bit. This gives them status, scholarly power and a 
			wonderful ego trip. Why squander it? Obviously, the existence of this factor is controversial and 
			disputed.14 
			BAR called attention to the residue of frustration and resentment 
			built up among scholars of proven ability who had not been admitted 
			to the 'charmed circle'. It also, by implication, called attention 
			to the benefits reaped by institutions such as Harvard University, 
			where both Cross and Strugnell were stationed and where 'pet' 
			graduate students were granted access to Qumran material while far 
			more experienced and qualified researchers weren't.  
			  
			BAR ended its 
			report by calling for 'immediate publication of photographs of the 
			unpublished texts',15 echoing Morton Smith, who asked his colleagues 
			to  
				
				'request the Israeli government, which now has ultimate authority 
			over those scroll materials, immediately to publish photographs of 
			all unpublished texts so that they will then be available to all 
			scholars'.16 
			That Smith's exhortation was ignored again bears witness to academic 
			faint-heartedness. At the same time, it must be mentioned that 
			Smith's exhortation was unfortunate in that it implicitly passed the 
			blame from the international team, the real culprits, to the Israeli 
			government, which had more immediate problems on its hands.  
			  
			The 
			Israelis had kept their side of the bargain, made in 1967, that the 
			international team would be allowed to retain their monopoly, 
			provided they published; the international team had not. Thus, while 
			the Israeli government might have been irresponsible in letting the 
			situation continue, it was not to blame for the situation itself. As Eisenman soon came to 
			realize, most Israelis - scholars and 
			journalists alike, as well as government figures - were appallingly 
			ignorant about the true situation, and, it must be said, indifferent 
			to it.  
			  
			Through this ignorance and indifference, an outdated status 
			quo had been allowed to continue intact.
 In 1985, however, the same year as the conference reported by BAR, a 
			well-known Israeli MP, Yuval Ne'eman, began to take an interest in 
			the matter, and in the process showed himself to be surprisingly 
			well briefed. Ne'eman was a world-famous physicist, Professor of 
			Physics and head of the Physics Department at Tel Aviv University 
			until 1971, when he became President of the university.
 
			  
			Prior to 
			that he had been a military planner, one of those responsible for 
			evolving the basic strategic thinking of the Israeli Army. Between 
			1961 and 1963, he had been scientific director of the Soreq Research 
			Establishment, the Israeli Atomic Energy Commission. Ne'eman raised 
			the issue of the scrolls in the Knesset, the Israeli Parliament, 
			declaring it a 'scandal' that the Israeli authorities had not 
			reviewed or updated the situation - that the international team had 
			been left with a mandate and monopoly dating from the former 
			Jordanian regime.  
			  
			It was this challenge that finally forced the 
			Israeli Department of Antiquities to investigate how and why an 
			enclave of Catholic-oriented scholars should exercise so complete 
			and exclusive a control over what was, in effect, an Israeli state 
			treasure.
 The Department of Antiquities proceeded to confront the 
			international team on the question of publication. What accounted 
			for the procrastination and delays, and what kind of timetable for 
			publication could reasonably be expected? The director of the team 
			at the time was Father Benoit, who on 15 September 1985 wrote to his 
			colleagues.17
 
			  
			In this letter, a copy of which is in our possession, 
			he reminded them of Morton Smith's call for immediate publication of 
			photographs. He also complained (as if he were the aggrieved party) 
			about the use of the word 'scandal', not just by Morton Smith, but 
			by Ne'eman as well, in the Knesset. He went on to state his 
			intention of recommending John Strugnell as 'chief editor' of future 
			publications. And he requested a timetable for publication from each 
			member of the team.
 Compliance with Father Benoit's request was dilatory and patchy. The 
			Department of Antiquities, prodded by Ne'eman, wrote to him again on 
			26 December 1985, repeating its request for a report and for answers 
			to the questions it had raised.18 One cannot be sure whether Benoit 
			based his reply on reliable information received from his 
			colleagues, or whether he was simply improvising in order to buy 
			time.
 
			  
			But he wrote to the Department of Antiquities promising 
			definitively that everything in the international team's possession 
			would be published within seven years - that is, by 1993.19 This 
			timetable was submitted, in writing, as a binding undertaking, but 
			of course no one took it seriously, and in personal conversation 
			with us, Ne'eman stated he had heard 'on the grapevine' that the 
			timetable was generally regarded as a joke.20 It has certainly 
			proved to be so. There is no prospect whatever of all the Qumran 
			material, or even a reasonable part of it, appearing by 1993.  
			  
			Not 
			even the whole of the material from Cave 4 has been published. 
			Following Allegro's volume for Discoveries in the Judaean Desert 
			back in 1968, only three more have been issued, in 1977, 1982 and 
			1990, bringing the total number of volumes to eight.
 Nonetheless, the intensifying pressure engendered panic among the 
			international team. Predictably enough, a search began for a 
			scapegoat. Who had brought the Israeli government into the affair? 
			Who had briefed Ne'eman and enabled him to raise the issue in the 
			Knesset? Perhaps because of the repetition of the word 'scandal', 
			the team concluded Geza Vermes to have been responsible. In fact, 
			Vermes had had nothing whatever to do with the matter. It was Robert Eisenman who had briefed Ne'eman.
 
			  
			Eisenman had learned from the omissions of Roth and Driver. He 
			appreciated that the entire edifice of the international team's 
			consensus rested on the supposedly accurate data of archaeology and 
			paleography. Roth and Driver had correctly dismissed these data as 
			irrelevant, but without confronting them. Eisenman resolved to 
			challenge the international team on their own terrain - by exposing 
			the methodology and demonstrating that the resulting data were 
			irrelevant.
 He opened his campaign with the book that first brought him to our 
			attention, Maccabees, Zadokites, Christians and Qumran, published by
			EJ. Brill in Holland in 1983. In this book, he posed the first 
			serious challenge the international team had yet encountered to 
			their archaeology and paleography. In his introduction, he 
			explicitly flung down the gauntlet to the 'small group of 
			specialists, largely working together' who had 'developed a 
			consensus'.21
 
			  
			Given the text's limited audience and circulation, of 
			course, the international team could simply ignore the challenge. 
			Indeed, the likelihood is that none of them read it at the time, in 
			all probability dismissing it as a piece of ephemera by an upstart 
			novice.
 Eisenman, however, refused to let his efforts be consigned to 
			oblivion. By 1985, his second book, James the Just in the Habakkuk 
			Pesher, had appeared in Italy, ironically under the imprint of one 
			of the Vatican presses, Tipographia Gregoriana. It carried an 
			Italian preface, and the next year, with some additions and a 
			revised appendix, was brought out by EJ. Brill. That same year, 
			Eisenman was appointed Fellow-in-Residence at the prestigious 
			Albright Institute in Jerusalem. Here he began working behind the 
			scenes to acquaint the Israeli government with the situation and 
			raise the scrolls on their agenda of priorities.
 
 The international team's stranglehold, he realized, could not be 
			broken solely through decorous or even strident protests in learned 
			journals. It would be necessary to bring external pressure to bear, 
			preferably from above. Accordingly, Eisenman met and briefed 
			Professor Ne'eman, and Ne'eman then forced the issue in the Knesset.
 
 Later that year, Eisenman himself approached Father Benoit, and 
			verbally requested access to the scrolls. Predictably enough, Benoit 
			politely refused, adroitly suggesting that Eisenman should ask the 
			Israeli authorities, and implying that the decision was not his to 
			make. At this point, Eisenman was still unaware of the stratagems 
			employed by the international team to thwart all applicants who 
			wanted access to the scrolls. He was not, however, prepared to be 
			excluded so easily.
 
 All scholars during their tenure on the staff of the Albright 
			Institute give one lecture to the general public. Eisenman's lecture 
			was scheduled for February 1986, and he chose as his subject 'The 
			Jerusalem Community and Qumran', with the provocative subtitle 
			'Problems in Archaeology, Palaeography, History, and Chronology'. As 
			in the case of his book on James, the title itself was calculated to 
			strike a nerve. In accordance with custom, the Albright Institute 
			sent invitations to all important scholars in the field in 
			Jerusalem, and it was a matter of courtesy for sister institutions, 
			like the French Ecole Biblique, to be represented. Five or six 
			turned up, a higher number than usual.
 
 Since they were unfamiliar with Eisenman and his work, they may not 
			have expected anything out of the ordinary. Gradually, however, 
			their complacency began to crumble, and they listened to his 
			arguments in silence.* They declined to ask any questions at the end 
			of the lecture, leaving without extending the usual courtesy of 
			congratulations. For the first time, it had become apparent to them 
			that in Eisenman they faced a serious challenge. True to form, they 
			ignored it, in the hope, presumably, that it would go away.
 
			  
			* For an outline of Eisenman's remarks, see Chapter 10, Science in 
			the Service of Faith.
 The following spring, one of Eisenman's friends and colleagues, 
			Professor Philip Davies of Sheffield University, arrived in 
			Jerusalem for a short stay. He and Eisenman went to discuss with 
			Magen Broshi, director of the Shrine of the Book, their desire to 
			see the unpublished scroll fragments still sequestered by the 
			international team.
 
			  
			Broshi laughed at what apparently struck him as 
			a vain hope:  
				
				'You will not see these things in your lifetime,' he 
			said.22  
			In June, towards the end of his stay in Jerusalem, Eisenman 
			was invited to tea at the house of a colleague, a professor at the 
			Hebrew University who would later become a member of the Israeli 
			'Scroll Oversight Committee'. Again he took Davies with him. A 
			number of other academics, including Joseph Baumgarten of Baltimore 
			Hebrew College, were present, and early in the evening John Strugnell - Allegro's old adversary and subsequently the head of the 
			international team - made his appearance.  
			  
			Boisterous and apparently 
			intent on confrontation, he began to complain about 'unqualified 
			people' importunately demanding access to the Qumran material. Eisenman responded on cue. How did Strugnell define 'qualified'? Was 
			he himself 'qualified'? Aside from his supposed skills in analyzing 
			handwriting, did he know anything about history? Ostensibly, it was 
			all a half-joking, more or less 'civilized' debate, but it was 
			growing ominously personal.
 The next year, 1986-7, Eisenman spent at Oxford, as Senior Scholar 
			at the Oxford Centre for Postgraduate Hebrew Studies and visiting 
			Member of Linacre College. Through contacts in Jerusalem, he had 
			been given two secret documents. One was a copy of a scroll on which 
			Strugnell was working, part of his 'private fiefdom'.
 
			  
			This text, 
			written apparently by a leader of the ancient Qumran community and 
			outlining a number of the community's governing precepts, is known 
			by those in the field as the 'MMT' document. Strugnell had shown it 
			around at the 1985 conference, but had not published it.23 (Nor has 
			he yet, though the entire text comes to a mere 121 lines.)
 The second document was of more contemporary significance. It 
			comprised a computer print-out, or list, of all Qumran texts in the 
			hands of the international team.24 What made it particularly 
			important was that the international team had repeatedly denied that 
			any such print-out or list existed. Here was definitive proof that 
			vast quantities of material had not yet been published and were 
			being suppressed.
 
 Eisenman had no hesitation about what to do:
 
				
					
					Since I had decided that one of the main problems between scholars, 
			which had created this whole situation in the first place, was over-protectiveness and 
			jealously guarded secrecy, I decided
 to circulate anything that came into my hands without conditions. 
			This was the service I could
 render; plus, it would undermine the international cartel or 
			monopoly of such documents.25
 
			Eisenman accordingly made available a copy of the 'MMT' document to 
			anyone who expressed a desire to see it. These copies apparently 
			circulated like wildfire, so much so that a year and a half later he 
			received one back again from a third party who asked if he had seen 
			it. He could tell by certain notations that this was one of the 
			copies that he had originally allowed to circulate.
 The print-out, like the 'MMT' document, was duly circulated, 
			producing precisely the effect Eisenman had anticipated. He made a 
			particular point of sending a copy of it to Hershel Shanks of BAR, 
			thus providing the journal with ammunition to renew its campaign.
 
 By this time, needless to say, Eisenman's relations with the 
			international team were deteriorating. On the surface, of course, 
			each maintained with the other a respectable academic demeanor of 
			frosty civility. They could not, after all, publicly attack him for 
			his actions, which had been manifestly disinterested, manifestly in 
			the name of scholarship. But the rift was widening between them; and 
			it wasn't long before a calculated attempt was made to freeze him 
			out.
 
 In January 1989, Eisenman visited Amir Drori, the newly appointed 
			director of the Israeli Department of Antiquities. Drori 
			inadvertently reported to Eisenman that he was about to sign an 
			agreement with the team's new chief editor, John Strugnell. 
			According to this agreement, the team's monopoly would be retained. 
			The previous deadline for publication, accepted by Father Benoit, Strugnell's predecessor, was to be abrogated. All remaining Qumran 
			material was to be published not by 1993, but by 1996.26
 
 Eisenman was naturally appalled. Attempts to dissuade Drori, 
			however, proved futile. Eisenman left the meeting determined to 
			employ a new and more drastic stratagem. The only means of bringing 
			pressure to bear on both the international team and on the 
			Department of Antiquities, and perhaps stop Drori from proceeding 
			with the contract, would be Israel's High Court of Justice, which 
			dealt with miscarriages of justice and private appeals from 
			individuals.
 
 Eisenman explored the question with lawyers. Yes, they concluded, 
			the High Court might be persuaded to intervene. In order for it to 
			do so, however, Eisenman would have to present it with proof of a 
			miscarriage of justice; he would have to show, preferably in 
			writing, that access to the scrolls by a legitimate scholar had been 
			refused. At the time, no such record existed - not, at least, in the 
			legalistic sense the Court would require.
 
			  
			Other scholars had, of 
			course, been refused access to the scrolls; but some of them were 
			dead, others were scattered across the world, and there was none of 
			the required documentation. Strugnell would therefore have to be 
			approached with a series of new requests for access to specific 
			materials - which, as a foregone conclusion, he would refuse. Now 
			that Eisenman had the catalogue numbers, his task would be easier.
 Not wishing to make this request alone, Eisenman felt it would be 
			more impressive if he enlisted the support of others. He approached 
			Philip Davies of Sheffield, who agreed to support him in what both 
			recognized would be only the first shot of a prolonged engagement 
			fought through the Israeli High Court.
 
			  
			On 16 March 1989, the two 
			professors submitted a formal letter to John Strugnell.  
			  
			They 
			requested access to certain original fragments, and photographs of 
			fragments, found at the Qumran site designated Cave 4, and listed in 
			the computer print-out which Eisenman had leaked into circulation. 
			In order to preclude any misunderstanding, they cited the reference 
			numbers assigned by the print-out to the photographic negatives. 
			They also requested access to a number of scroll commentaries, or 
			commentary fragments, related to the primary text. They offered to 
			pay all costs involved and promised not to publish any definitive 
			transcription or translation of the material, which would be used 
			only in their own research.  
			  
			They promised, too, to abide by all the 
			normal procedures of copyright law.
 In their letter, Eisenman and Davies acknowledged the time and 
			energy expended over the years by the international team - but, they 
			said, they felt the team had 'already been adequately compensated' 
			by enjoying such long and exclusive access to the Qumran material. 
			They stated that thirty-five to forty years was long enough for 
			other scholars to have waited for similar access, without which 'we 
			can no longer make meaningful progress in our endeavors'.
 
			  
			The 
			letter continued: 
				
					
					Surely your original commission was to publish these materials as 
			quickly as possible for the benefit of the scholarly community as a whole, not to control them. 
			It would have been different,
 perhaps, if you and your scholars had discovered these materials in 
			the first place. But you did not;
 they were simply assigned to you...... The situation as it now stands is abnormal in the extreme.
   
					Therefore, as mature scholars at
					the height of our powers and abilities, we feel it is an imposition 
			upon us and a hardship to ask us
 to wait any longer for the research availability of and access to 
			these materials forty years after
 their discovery.27
 
			Eisenman and Davies expected Strugnell to refuse their requests. 
			Strugnell, however, did not bother to reply at all. On 2 May, 
			therefore, Eisenman wrote to Amir Drori - who earlier that year had 
			renewed the international team's monopoly with the publication 
			deadline of 1996.  
			  
			Eisenman enclosed a copy of the letter to 
			Strugnell, mentioning that it had been posted to both of Strugnell's 
			addresses, at Harvard and in Jerusalem.  
			  
			Of Strugnell's failure to 
			reply, he wrote:  
				
				'Frankly, we are tired of being treated 
			contemptuously. This kind of cavalier treatment is not really a new 
			phenomenon, but is part and parcel of the process that has been 
			going on for 20-30 years or more . . ,'28 
			Since Strugnell would not grant access to the Qumran material, 
			Eisenman requested that Drori, exercising a higher authority, should 
			do so. He then made two particularly important points. As long as 
			the international team continued to control the Qumran texts, it 
			would not be sufficient merely to speed up the publication schedule. 
			 
			  
			Nothing short of free scholarly access would be satisfactory - to 
			check the international team's conclusions, to allow for variations 
			in translation and interpretation, to discern connections the team 
			themselves might perhaps have overlooked: 
				
					
					We cannot be sure... that they have exhausted all possible 
			fragments in relation to a given document or that they are putting fragments together in proper 
			sequence. Nor can we be sure if
 the inventories are in fact complete and that fragments may not have 
			been lost, destroyed or
 overlooked in some manner or for some reason. Only the whole of the 
			interested scholarly
 community working together can assure this.29
 
			The second point would appear, at least with hindsight, to be 
			self-evident. The international team insisted on the importance of 
			archaeology and paleography. It was on the basis of their 
			supposedly accurate archaeological and paleographical studies, as 
			Eisenman had explained, that dates for the Qumran texts had been 
			posited - and accepted.  
			  
			Yet the texts themselves had been subject 
			only to carbon-dating tests in use at around the time of the 
			scrolls' discovery - tests which were very clumsy and consumed much 
			manuscript material. Lest too much text be lost, therefore, only 
			some of the wrappings found in the jars had been tested. These 
			confirmed a date of around the beginning of the Christian era.  
			  
			None 
			of the texts had been tested by the more recent techniques of 
			Carbon-14 dating, even though Carbon-14 dating had now been refined 
			by the newer AMS (Accelerator Mass Spectroscopy) technique. Little 
			material would now be lost in the process and greater accuracy could 
			be achieved. Eisenman therefore suggested that Drori exercise his 
			authority and perform new, up-to-date tests.  
			  
			He also recommended 
			that outsiders be brought into the process to keep it fair. He 
			concluded his letter with a passionate appeal:  
				
				'Please act to 
			release these materials to interested scholars who need them to 
			proceed with professional research without prejudice and without 
			distinction immediately. '30 
			No doubt prompted by Drori, Strugnell, in Jerusalem at the time, at 
			last replied on 15 May. Despite the fact that Eisenman's letter to 
			him had been posted to his address at both Harvard and Jerusalem, he 
			blamed the delay on its having been sent to 'the wrong country'.31
 According to BAR,
 
				
				'Strugnell's imperious reply to Eisenman's request 
			for access displays extraordinary intellectual hauteur and academic 
			condescension.'32  
			In it, he declares himself 'puzzled' as to why Eisenman and Davies showed their letter to 'half the Who's Who of 
			Israel'. He accuses them of not having followed 'acceptable norms' 
			and refers to them as 'lotus-eaters', which, in Strugnell's 
			Mandarin, presumably denotes Californians, though why this term 
			should apply to Philip Davies at Sheffield is an open question. 
			 
			  
			Strugnell contrives not just to deny Eisenman's and Davies's request 
			for access, but also to dodge each of the salient points they had 
			raised. He advises them to take as their example the way 'such 
			requests have been handled in the past' and go through established 
			channels - ignoring the fact that all such requests 'in the past' 
			had been denied. He also complains that the print-out Eisenman and 
			Davies had used to cite reference numbers of photographic negatives 
			was old and out of date.  
			  
			He neglects to mention that this print-out, 
			not to mention any new one, had been unavailable to non-members of 
			the international team until Eisenman put it into circulation.33
 Eisenman responded to Strugnell's brush-off by going as public as he 
			possibly could.
 
			  
			By the middle of 1989, the issue had become a cause 
			célèbre in American and Israeli newspapers, and, to a lesser degree, 
			was picked up by the British press as well. Eisenman was extensively 
			and repeatedly quoted by the New York Times, the Washington Post, 
			the Los Angeles Times, the Chicago Tribune, Time Magazine and 
			Canada's Maclean's Magazine.  
			  
			He stressed five major points: 
				
				
				That all research on the Dead Sea Scrolls was being unfairly 
				monopolized by a small enclave
			of scholars with vested interests and a biased orientation.
				
				That only a small percentage of the Qumran material was finding 
			its way into print and that
			most of it was still being withheld.
				
				That it was misleading to claim that the bulk of the so-called 
			'biblical' texts had been released,
			because the most important material consisted of the so-called 
			'sectarian' texts - new texts, 
			never seen before, with a great bearing on the history and religious 
			life of the 1st century.
				
				That after forty years, access to the scrolls should be made 
			available to all interested scholars.
				
				That AMS Carbon-14 tests, monitored by independent laboratories 
			and researchers, should
			immediately be conducted on the Qumran documents. 
			As was perhaps inevitable, once the media had begun to 
			sensationalize it, the affair quickly degenerated, with Eisenman 
			being misquoted on two separate occasions, and a barrage of 
			invective coming from both sides. But behind the clash of egos, the 
			central issue remained unresolved.  
			  
			As Philip Davies had written in 
			1988: 
				
					
					Any archaeologist or scholar who digs or finds a text but does not 
			pass on what has been found deserves to be locked up as an enemy of science. After forty years 
			we have neither a full and
 definitive report on the dig nor a full publication of the 
			scrolls.34
 
			
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