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 Sachiyo Arai · Kazuhiro Kojima
Koji Mineshima · Daisuke Bekki
Ken Satoh · Yuiko Ohta (Eds.)
LNAI 10838

New Frontiers
in Artificial Intelligence
JSAI-isAI Workshops, JURISIN,
SKL, AI-Biz, LENLS, AAA, SCIDOCA, kNeXI
Tsukuba, Tokyo, November 13–15, 2017
Revised Selected Papers

123
Lecture Notes in Artificial Intelligence 10838

Subseries of Lecture Notes in Computer Science

LNAI Series Editors

Randy Goebel
University of Alberta, Edmonton, Canada
Yuzuru Tanaka
Hokkaido University, Sapporo, Japan
Wolfgang Wahlster
DFKI and Saarland University, Saarbrücken, Germany

LNAI Founding Series Editor

Joerg Siekmann
DFKI and Saarland University, Saarbrücken, Germany
More information about this series at http://www.springer.com/series/1244
Sachiyo Arai Kazuhiro Kojima
•

Koji Mineshima Daisuke Bekki

•

Ken Satoh Yuiko Ohta (Eds.)

•

New Frontiers
in Artificial Intelligence
JSAI-isAI Workshops, JURISIN,
SKL, AI-Biz, LENLS, AAA, SCIDOCA, kNeXI
Tsukuba, Tokyo, November 13–15, 2017
Revised Selected Papers

123
Editors
Sachiyo Arai Daisuke Bekki
Chiba University Ochanomizu University
Chiba Tokyo
Japan Japan
Kazuhiro Kojima Ken Satoh
National Institute of Advanced Industrial National Institute of Informatics
Science and Technology Tokyo
Ibaraki Japan
Japan
Yuiko Ohta
Koji Mineshima Fujitsu Laboratories Limited
Ochanomizu University Kanagawa
Tokyo Japan
Japan

ISSN 0302-9743 ISSN 1611-3349 (electronic)

Lecture Notes in Artificial Intelligence
ISBN 978-3-319-93793-9 ISBN 978-3-319-93794-6 (eBook)
https://doi.org/10.1007/978-3-319-93794-6

Library of Congress Control Number: 2018947317

LNCS Sublibrary: SL7 – Artificial Intelligence

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 Preface

JSAI (The Japanese Society for Artificial Intelligence) is a premier academic society
that focuses on artificial intelligence in Japan and was established in 1986. JSAI-isAI
(JSAI International Symposium on Artificial Intelligence) 2017 was the ninth inter-
national symposium on AI supported by the JSAI. JSAI-isAI 2017 was successfully
held during November 13–15 at University of Tsukuba in Tokyo, Japan. In all, 203
people from 15 countries participated.
JSAI-isAI 2017 included seven workshops, where 16 invited talks and 91 papers
were presented. This volume, New Frontiers in Artificial Intelligence: JSAI-isAI 2017
Workshops, is the proceedings of JSAI-isAI 2017. From the seven workshops (JUR-
ISIN 2017, SKL 2017, AI-Biz 2017, LENLS 14, AAA 2017, SCIDOCA 17, and
kNeXI 2017) 30 papers were carefully selected and revised according to the comments
of the workshop Program Committees. The acceptance rate was about 32%. This
resulted in the excellent selection of papers that are representative of some of the topics
of AI research both in Japan and in other parts of the world.
JURISIN 2017 was the 11th international workshop on Juris-informatics.
Juris-informatics is a new research area that studies legal issues from the perspective of
informatics. The purpose of this workshop was to discuss both fundamental and
practical issues among people from various backgrounds such as law, social science,
information and intelligent technology, logic and philosophy, including the conven-
tional “AI and law” area.
SKL 2017 (the 4th International Workshop on Skill Science) aimed to interna-
tionalize research on skill sciences by organizing the meeting. Human skills involve
well-attuned perception and fine motor control, often accompanied by thoughtful
planning. The involvement of body, environment, and tools mediating them makes the
study of skills unique among research on human intelligence.
AI-Biz 2017 (Artificial Intelligence of and for Business) was the second workshop
held to foster the concepts and techniques of business intelligence (BI) in artificial
intelligence. BI should include such cutting-edge techniques as data science,
agent-based modeling, complex adaptive systems, and IoT. The main purpose of this
workshop is to provide a forum for participants to discuss important research questions
and practical challenges in business intelligence, business informatics, data analysis
and agent-based modeling, to exchange the latest results, and to join efforts in solving
common challenges.
LENLS 14 was the 14th event in the series, and it focused on the formal and
theoretical aspects of natural language. LENLS (Logic and Engineering of Natural
Language Semantics) is an annual international workshop recognized internationally in
the formal syntax-semantics-pragmatics community. It has been bringing together for
discussion and interdisciplinary communication researchers working on formal theories
of natural language syntax, semantics and pragmatics, (formal) philosophy, artificial
intelligence, and computational linguistics.
VI Preface

AAA 2017 (the Third International Workshop on Argument for Agreement and
Assurance) focused on argumentation, which has now become an interdisciplinary
research subject receiving much attention from diverse communities including formal
logic, informal logic, and artificial intelligence. It aims at analyzing, evaluating, and
systematizing various aspects of human argument appearing in the media — television,
newspapers, WWW, etc. — and also artificial arguments constructed from structured
knowledge with logical language and inference rules. Their research achievements are
widely applicable to various domains such as safety, political, medical, and legal
domains.
SCIDOCA 17 (the Second International Workshop on Scientific Document Anal-
ysis) focused on the recent proliferation of scientific papers and technical documents
that has become an obstacle to efficient acquisition of new information in various fields.
It is almost impossible for individual researchers to check and read all related docu-
ments. Even retrieving relevant documents is becoming more difficult. This workshop
gathered together all researchers and experts who work on scientific document analysis
from various perspectives, and invited technical paper presentations and system
demonstrations that cover any aspects of scientific document analysis.
HAT-MASH 2016 (Healthy Aging Tech Mashup Service, Data, and People) was
the second international workshop in the series that bridges healthy aging and elderly
care technology, information technology, and service engineering. The main objective
of this workshop was to provide a forum fo participants to discuss important research
questions and practical challenges in healthy aging and elderly care support and to
promote transdisciplinary approaches.
kNeXI 2017 (Knowledge Explication in Industry) was aimed at promoting research
about improving the skill and knowledge of employees in industry. kNeXI focuses on
industry in which the knowledge of employees is important to their daily work. Such
industry includes elderly care, education, health-promotion services, etc.
It is our great pleasure to be able to share some highlights of these fascinating
workshops in this volume. We hope this book will introduce readers to the
state-of-the-art research outcomes of JSAI-isAI 2017, and motivate them to participate
in future JSAI-isAI events.

April 2018 Sachiyo Arai

Kazuhiro Kojima
Koji Mineshima
Ken Satoh
Daisuke Bekki
Yuiko Ohta
 Organization

JURISIN 2017
Workshop Chair
Ken Satoh National Institute of Informatics, Japan

Steering Committee
Takehiko Kasahara Toin Yokohama University, Japan
Makoto Nakamura Nagoya University, Japan
Katsumi Nitta Tokyo Institute of Technology, Japan
Seiichiro Sakurai Meiji Gakuin University, Japan
Ken Satoh National Institute of Informatics, Japan
Satoshi Tojo Advanced Institute of Science and Technology, Japan
Katsuhiko Toyama Nagoya University, Japan

Advisory Committee
Trevor Bench-Capon The University of Liverpool, UK
Tomas Gordon Fraunfoher FOKUS, Germany
Henry Prakken University of Utrecht and Groningen, The Netherlands
John Zeleznikow Victoria University, Australia
Robert Kowalski Imperial College London, UK
Kevin Ashley University of Pittsburgh, USA

Program Committee
Thomas Ågotnes University of Bergen, Norway
Ryuta Arisaka National Institute of Informatics, Japan
Kristijonas Cyras Imperial College, UK
Marina De Vos University of Bath, UK
Phan Minh Dung AIT, Thailand
Randy Goebel University of Alberta, Canada
Guido Governatori NICTA, Australia
Tatsuhiko Inatani Kyoto University, Japan
Tokuyasu Kakuta Chuo University, Japan
Yoshinobu Kano Shizuoka University, Japan
Mi-Young Kim University of Alberta, Canada
Nguyen Le Minh Japan Advanced Institute of Science and Technology,
Japan
Beishui Liao Zhejiang University, China
Hatsuru Morita Tohoku University, Japan
Makoto Nakamura Nagoya University, Japan
VIII Organization

Katumi Nitta Tokyo Institute of Technology, Japan

Paulo Novais University of Minho, Portugal
Julian Padget University of Bath, UK
Ginevra Peruginelli ITTIG-CNR, Italy
Seiichiro Sakurai Meiji Gakuin University, Japan
Katsuhiko Sano Hokkaido University, Japan
Giovanni Sartor EUI/CIRSFID, Italy
Ken Satoh National Institute of Informatics and Sokendai, Japan
Akira Shimazu Japan Advanced Institute of Science and Technology,
Japan
Fumio Shimpo Keio University, Japan
Satoshi Tojo Japan Advanced Institute of Science and Technology,
Japan
Katsuhiko Toyama Nagoya University, Japan
Rob van den Hoven van VU University Amsterdam, The Netherlands
Genderen
Leon van der Torre University of Luxembourg, Luxembourg
Bart Verheij University of Groningen, The Netherlands
Katsumasa Yoshikawa IBM Research Tokyo, Japan
Masaharu Yoshioka Hokkaido University, Japan
Harumichi Yuasa Institute of Information Security, Japan
Yueh-Hsuan Weng Tohoku University, Japan
Adam Wyner University of Aberdeen, UK

SKL 2017
Workshop Chair
Tsutomu Fujinami Japan Advanced Institute of Science and Technology

Program Committee
Masaki Suwa Keio University, Japan
Ken Hashizume Osaka University, Japan
Mihoko Otake RIKEN, Japan
Yoshifusa Matsuura Yokohama National University, Japan
Yuta Ogai Tokyo Polytechnic University, Japan
Kentaro Kodama Kanagawa University, Japan

AI-Biz 2017
Workshop Chair
Takao Terano Tokyo Institute of Technology, Japan

Workshop Co-chairs
Hiroshi Takahashi Keio University, Japan
Setsuya Kurahashi University of Tsukuba, Japan
 Organization IX

Program Committee
Takao Terano Tokyo Institute of Technology, Japan
Hiroshi Takahashi Keio University, Japan
Setsuya Kurahashi University of Tsukuba, Japan
Hiroshi Deguchi Tokyo Institute of Technology, Japan
Reiko Hishiyama Waseda University, Japan
Manabu Ichikawa National Institute of Public Health, Japan
Yoko Ishino Yamaguchi University, Japan
Hajime Kita Kyoto University, Japan
Hajime Mizuyama Aoyama Gakuin University, Japan
Masakazu Takahashi Yamaguchi University, Japan
Shingo Takahashi Waseda University, Japan
Takashi Yamada Yamaguchi University, Japan

LENLS 14
Workshop Chair
Katsuhiko Sano Hokkaido University, Japan

Workshop Co-chairs
Daisuke Bekki Ochanomizu University/JST CREST, Japan
Koji Mineshima Ochanomizu University/JST CREST, Japan
Eric McCready Aoyama Gakuin University, Japan

Program Committee
Katsuhiko Sano Hokkaido University, Japan
Daisuke Bekki Ochanomizu University/JST CREST, Japan
Koji Mineshima Ochanomizu University/JST CREST, Japan
Eric McCready Aoyama Gakuin University, Japan
Alastair Butler Faculty of Humanities, Hirosaki University, Japan
Richard Dietz iCLA, Yamanashi Gakuin University, Japan
Naoya Fujikawa Tokyo Metropolitan University, Japan
Yoshiki Mori University of Tokyo, Japan
Yasuo Nakayama Osaka University, Japan
David Y. Oshima Nagoya University, Japan
Osamu Sawada Mie University, Japan
Wataru Uegaki Leiden University, The Netherlands
Katsuhiko Yabushita Naruto University of Education, Japan
Tomoyuki Yamada Hokkaido University, Japan
Shunsuke Yatabe Kyoto University, Japan
Kei Yoshimoto Tohoku University, Japan
X Organization

AAA 2017
Workshop Chair
Kazuko Takahashi Kwansei Gakuin University, Japan

Workshop Co-chairs
Yoshiki Kinoshita Kanagawa University, Japan
Tim Kelly University of York, UK
Hiroyuki Kido Sun Yat-sen University China

Program Committee
Martin Caminada Cardiff University, UK
Ewen Denney SGT/NASA Ames Research Center, USA
Juergen Dix Clausthal University of Technology, Germany
Phan Minh Dung Asian Institute of Technology, Thailand
Richard Hawkins University of York, UK
C. Michael Holloway NASA Langley Research Center, USA
Antonis Kakas University of Cyprus, Cyprus
Tim Kelly University of York, UK
Hiroyuki Kido Sun Yat-sen University, China
Yoshiki Kinoshita Kanagawa University, Japan
Yutaka Matsuno Nihon University, Japan
Nir Oren The University of Aberdeen, UK
John Rushby SRI International, USA
Chiaki Sakama Wakayama University, Japan
Ken Satoh National Institute of Informatics and Sokendai, Japan
Guillermo Ricardo Simari Universidad del Sur in Bahia Blanca, Argentina
Kenji Taguchi National Institute of Advanced Industrial Science
and Technology, Japan
Kazuko Takahashi Kwansei Gakuin University, Japan
Toshinori Takai Nara Institute of Science and Technology, Japan
Makoto Takeyama Kanagawa University, Japan
Paolo Torroni University of Bologna, Italy
Charles Weinstock Software Engineering Institute, USA
Stefan Woltran Vienna University of Technology, Austria
Shuichiro Yamamoto Nagoya University, Japan

SCIDOCA 2017
Workshop Chairs
Yuji Matsumoto Nara Institute of Science and Technology, Japan
Hiroshi Noji Nara Institute of Science and Technology, Japan
 Organization XI

Program Committee
Takeshi Abekawa National Institute of Informatics, Japan
Akiko Aizawa National Institute of Informatics, Japan
Naoya Inoue Tohoku University, Japan
Kentaro Inui Tohoku University, Japan
Yoshinobu Kano Shizuoka University, Japan
Yusuke Miyao National Institute of Informatics, Japan
Junichiro Mori University of Tokyo, Japan
Hidetsugu Nanba Hiroshima City University, Japan
Shoshin Nomura National Institute of Informatics, Japan
Ken Satoh National Institute of Informatics, Japan
Hiroyuki Shindo Nara Institute of Science and Technology, Japan
Yoshimasa Tsuruoka University of Tokyo, Japan
Minh Le Nguyen Japan Advanced Institute of Science and Technology,
Japan
Pontus Stenetorp University College London, UK

kNeXI 2017
Workshop Chair
Satoshi Nishimura National Institute of Advanced Industrial Science
and Technology, Japan

Workshop Co-chairs
Takuichi Nishimura National Institute of Advanced Industrial Science
and Technology, Japan
Ken Fukuda National Institute of Advanced Industrial Science
and Technology, Japan

Program Committee
Satoshi Nishimura National Institute of Advanced Industrial Science
and Technology, Japan
Takuichi Nishimura National Institute of Advanced Industrial Science
and Technology, Japan
Ken Fukuda National Institute of Advanced Industrial Science
and Technology, Japan
Kentaro Watanabe National Institute of Advanced Industrial Science
and Technology, Japan
Yasuyuki Yoshida National Institute of Advanced Industrial Science
and Technology, Japan
Nami Iino National Institute of Advanced Industrial Science
and Technology, Japan
XII Organization

Sponsored By

The Japan Society for Artificial Intelligence (JSAI)

 Contents

JURISIN2017

Analysis of COLIEE Information Retrieval Task Data . . . . . . . . . . . . . . . . . 5

Masaharu Yoshioka

From Case Law to Ratio Decidendi. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20

Josef Valvoda and Oliver Ray

Textual Entailment in Legal Bar Exam Question Answering Using Deep

Siamese Networks . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35
Mi-Young Kim, Yao Lu, and Randy Goebel

SKL2017

A Study on Intellectual Tasks Influenced by the Embodied Knowledge . . . . . 51

Itsuki Takiguchi and Akinori Abe

AI-Biz2017

Agent-Based Simulation for Evaluating Signage System in Large Public

Facility Focusing on Information Message and Location Arrangement . . . . . . 67
Eriko Shimada, Shohei Yamane, Kotaro Ohori, Hiroaki Yamada,
and Shingo Takahashi

Developing an Input-Output Table Generation Algorithm Using a Japanese

Trade Database: Dealing with Ambiguous Export and Import Information . . . 83
Takaya Ohsato, Kaya Akagi, and Hiroshi Deguchi

Stock Price Prediction with Fluctuation Patterns Using Indexing Dynamic

Time Warping and k  -Nearest Neighbors . . . . . . . . . . . . . . . . . . . . . . . . . . 97
Kei Nakagawa, Mitsuyoshi Imamura, and Kenichi Yoshida

Characterization of Consumers’ Behavior in Medical Insurance Market

with Agent Parameters’ Estimation Process Using Bayesian Network . . . . . . 112
Ren Suzuki, Yoko Ishino, and Shingo Takahashi

Do News Articles Have an Impact on Trading? - Korean Market Studies

with High Frequency Data . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 129
Sungjae Yoon, Aiko Suge, and Hiroshi Takahashi
XIV Contents

Detecting Short-Term Mean Reverting Phenomenon in the Stock Market

and OLMAR Method . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 140
Kazunori Umino, Takamasa Kikuchi, Masaaki Kunigami,
Takashi Yamada, and Takao Terano

A Study on Technology Structure Clustering Through the Analyses

of Patent Classification Codes with Link Mining. . . . . . . . . . . . . . . . . . . . . 157
Masashi Shibata and Masakazu Takahashi

LENLS 14

Relating Intensional Semantic Theories: Established Methods

and Surprising Results . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 171
Kristina Liefke

Expressive Small Clauses in Japanese . . . . . . . . . . . . . . . . . . . . . . . . . . . . 188

Yu Izumi and Shintaro Hayashi

Pictorial and Alphabet Writings in Asymmetric Signaling Games . . . . . . . . . 200

Liping Tang

Collecting Weighted Coercions from Crowd-Sourced Lexical Data

for Compositional Semantic Analysis. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 214
Mathieu Lafourcade, Bruno Mery, Mehdi Mirzapour, Richard Moot,
and Christian Retoré

How Dogwhistles Work. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 231

R. Henderson and E. McCready

Transformational Semantics on a Tree Bank . . . . . . . . . . . . . . . . . . . . . . . . 241

Oleg Kiselyov

Derived Nominals and Concealed Propositions . . . . . . . . . . . . . . . . . . . . . . 253

Ilaria Frana and Keir Moulton

Denials and Negative Emotions: A Unified Analysis of the Cantonese

Expressive Gwai2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 266
Grégoire Winterstein, Regine Lai, and Zoe Pei-sui Luk

Evidentials in Causal Premise Semantics: Theoretical

and Experimental Investigation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 282
Yurie Hara, Naho Orita, and Hiromu Sakai

Annotating Syntax and Lexical Semantics With(out) Indexing . . . . . . . . . . . 299

Alastair Butler and Stephen Wright Horn

Discontinuity in Potential Sentences in Japanese . . . . . . . . . . . . . . . . . . . . . 314

Hiroaki Nakamura
 Contents XV

AAA 2017

Invited Talk: Structured Engineering Argumentation . . . . . . . . . . . . . . . . . . 335

Robin E. Bloomfield

Invited Talk: Computational Persuasion with Applications

in Behaviour Change . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 336
Anthony Hunter

SCIDOCA 17

A Hierarchical Neural Extractive Summarizer for Academic Papers . . . . . . . . 339

Kazutaka Kinugawa and Yoshimasa Tsuruoka

Leveraging Document-Specific Information for Classifying Relations

in Scientific Articles . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 355
Qin Dai, Naoya Inoue, Paul Reisert, and Kentaro Inui

kNeXI2017

Investigating Classroom Activities in English Conversation Lessons Based

on Activity Coding and Data Visualization. . . . . . . . . . . . . . . . . . . . . . . . . 375
Zilu Liang, Satoshi Nishimura, Takuichi Nishimura,
and Mario Alberto Chapa-Martell

On-site Knowledge Representation Tool for Employee-Driven

Service Innovation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 390
Kentaro Watanabe

Consideration of Application Cases of Structured Manual

and Its Utilization . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 401
Satoshi Nishimura, Ken Fukuda, and Takuichi Nishimura

Author Index . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 415

JURISIN2017
 Juris-Informatics (JURISIN) 2017

Ken Satoh

National Institute of Informatics, Japan

The Eleventh International Workshop on Juris-Informatics (JURISIN 2017) was held

with a support of the Japanese Society for Artificial Intelligence (JSAI) in association
with JSAI International Symposia on AI (JSAI-isAI 2017). JURISIN was organized to
discuss legal issues from the perspective of informatics. Compared with the conven-
tional AI and law, the scope of JURISIN covers a wide range of topics, which includes
model of legal reasoning, argumentation/negotiation/argumentation agent, legal term
ontology, formal legal knowledge-base/intelligent management of legal knowledge-
base, translation of legal documents, information retrieval of legal texts, computer-
aided law education, use of Informatics and AI in law, legal issues on applications of
robtics and AI to society social implications of use of informatics and AI in law, natural
language processing for legal knowledge, verification and validation of legal knowl-
edge systems and any theories and technologies which is not directly related with juris-
informatics but has a potential tno contribute to this domain.
Thus, the members of Program Committee (PC) are leading researchers in various
fields: Thomas Ågotnes (University of Bergen, Norway), Ryuta Arisaka (National
Institute of Informatics, Japan), Kristijonas Cyras (Imperial College, UK), Marina De
Vos (University of Bath, UK), Phan Minh Dung (AIT, Thailand), Randy Goebel
(University of Alberta, Canada), Guido Governatori (NICTA, Australia), Tatsuhiko
Inatani (Kyoto University, Japan), Tokuyasu Kakuta (Chuo University, Japan),
Yoshinobu Kano (Shizuoka University, Japan), Mi-Young Kim (University of Alberta,
Canada), Nguyen Le Minh (Japan Advanced Institute of Science and Technology,
Japan), Beishui Liao (Zhejiang University, China), Hatsuru Morita (Tohoku
University, Japan), Makoto Nakamura (Nagoya University, Japan), Katumi Nitta
(Tokyo Institute of Technology, Japan), Paulo Novais (University of Minho, Portugal),
Julian Padget (University of Bath, UK), Ginevra Peruginelli (ITTIG-CNR, Italy),
Seiichiro Sakurai (Meiji Gakuin University, Japan), Katsuhiko Sano (Hokkaido
University, Japan), Giovanni Sartor (EUI/CIRSFID, Italy), Ken Satoh (National
Institute of Informatics and Sokendai, Japan), Akira Shimazu (Japan Advanced Insti-
tute of Science and Technology, Japan), Fumio Shimpo (Keio University, Japan),
Satoshi Tojo (Japan Advanced Institute of Science and Technology, Japan), Katsuhiko
Toyama (Nagoya University, Japan), Rob van den Hoven van Genderen (VU
University Amsterdam, The Netherlands), Leon van der Torre (University of
Luxembourg, Luxembourg), Bart Verheij (University of Groningen, The Netherlands),
Katsumasa Yoshikawa (IBM Research Tokyo, Japan), Masaharu Yoshioka (Hokkaido
University, Japan), Harumichi Yuasa (Institute of Information Security, Japan),
Yueh-Hsuan Weng (Tohoku University, Japan), and Adam Wyner (University of
Aberdeen, UK). The collaborative work of computer scientists, lawyers and
 Juris-Informatics (JURISIN) 2017 3

philosophers is expected to contribute to the advancement of juris-informatics and it is

also expected to open novel research areas.
Fifteen papers were submitted to JURISIN 2017. Each paper was reviewed by at
least three members of PC. Thirteen papers were accepted in total. The collection of
papers covers various topics such as legal reasoning, argumentation theory, impact of
informatics and AI application into the society, application of natural language pro-
cessing and so on. As invited speakers, Professor Katsumi Nitta from Tokyo Institute
of Technology, Japan gave a talk on “Development of Argumentation Agent”, and
Professor Kevin Ashley from The University of Pittsburg, USA, gave a talk on
“Mining Information from Statutory Texts: A Case Study”. Moreover, we have a joint
invited talk with AAA2017 Workshop whose speaker is Professor Anthony Hunter
from University College London, UK talking on “Computational Persuasion with
Applications in Behaviour Change”.
After the workshop, seven papers were submitted for the post proceedings. They
were reviewed by PC members again and four papers were finally selected, but one
paper was withdrawn. Followings are their synopses. Masaharu Yoshioka gave a
detailed anlysis of retieval tasks studied in the international competition on legal
information extraction/entailment (COLIEE 2017). Josef Valvoda and Oliver Ray
proposed a method of extracting main judgement called “Ratio Decidendi” from UK
legal cases. Mi-Young Kim, Yao Lu and Randy Goebel introduced their implemen-
tation of a Siamese deep Convolutional Neural Network for textual entailment in the
question answering process. They evaluated their system using the data from the
competition on legal information extraction/entailment (COLIEE).
Finally, we wish to express our gratitude to all those who submitted papers, PC
members, discussant and attentive audience.
 Analysis of COLIEE Information
Retrieval Task Data

Masaharu Yoshioka(B)

Graduate School of Information Science and Technology, Hokkaido University,

N-14 W-9, Kita-ku, Sapporo 060-0814, Japan
yoshioka@ist.hokudai.ac.jp

Abstract. The Competition on Legal Information Extraction/

Entailment (COLIEE) involves the legal question answering task. The
information retrieval task for finding relevant articles to questions is one
of the subtasks in COLIEE. In this paper, we compare the characteristics
of the test data provided in two different language (English and Japanese)
and analyze topic difficulty based on the submission data by using the
retrieval results of Indri, a state-of-the-art information retrieval system.
We also discuss issues relating to the design of new COLIEE information
retrieval tasks.

1 Introduction

The Competition on Legal Information Extraction/Entailment (COLIEE) is a

series of competitions that explore issues related to legal information extraction
and entailment [1,2]. The purpose of competition tasks is to design a legal infor-
mation entailment system to answer questions in the Japanese bar exam (Civil
Code). Competition tasks are divided into two phases: information retrieval (IR)
for retrieving relevant articles for entailment and entailment using relevant arti-
cles (answering yes/no to exam questions).
In this paper, we focus on issues related to the IR task. The aim of this
task is to find relevant Japanese Civil Code articles to check whether questions
are true statements or not. Various techniques, such as least squares method,
ranking SVM, neural net, WordNet, distributed representation, legal terminol-
ogy, and n-gram words, have been used for constructing IR systems [3–8]. With
each competition, the performance of systems according to F-measure increases
slightly.
However, several issues have been raised in the evaluation of these systems.
One relates to the variation of questions [3,8]. For example, there are questions
where the wording is similar to the articles themselves. Those questions are thus
easy to retrieve by using any type of IR system. In contrast, there are types
of questions that require matching of concrete example words against abstract
legal terminology (e.g., “17 years old” and “minors”). For those questions, it is
necessary to introduce other knowledge resources to estimate the relationships.
Other issues concern the language [8]. The original Japanese civil laws came into
c Springer International Publishing AG, part of Springer Nature 2018
S. Arai et al. (Eds.): JSAI-isAI 2017, LNAI 10838, pp. 5–19, 2018.
https://doi.org/10.1007/978-3-319-93794-6_1
6 M. Yoshioka

operation in 1890 and are revised every year. In contrast, the English version
of the laws is translated from a specific version of Japanese civil laws. Even
though the English version is also updated every year, it has a more uniform
style description than the Japanese version. However, such issues concerning
language have not been thoroughly investigated.
In this paper, to investigate the characteristics of the COLIEE IR task and
the state-of-the-art of proposed IR systems, we analyze all submitted runs for
the COLIEE IR task by using information of the baseline IR system Indri. Indri
is a state-of-the-art IR system based on language modeling. Since Indri employs
phrase matching that is widely used in the submitted system as word n-grams
(sequence of words), the performance of the system is better or almost equivalent
to the baseline system using TF-IDF for English data reported in the overview
papers (baseline for COLIEE 2016 [1] and UA-TFIDF for COLIEE 2017 [2]).

2 COLIEE IR Task
2.1 Task Description
The COLIEE IR task retrieves a static set of relevant civil code articles for
answering the question given as a query. Relevant articles are ones that are
necessary to check the appropriateness of the given question statement. There are
questions that require only one article to check the appropriateness (one relevant
article) and ones that require multiple articles (multiple relevant articles).
The participant systems are requested to return relevant article sets for the
question test data. The performance of the system is evaluated by F-measure
(mean average of precision and recall). In recent years, four competitions have
been conducted. Table 1 gives a summary of the information concerning the
number of questions (number of questions with multiple relevant articles) and
the number of relevant articles in total. (In each competition, a set of questions
from the bar exam of the same year was used: H22 (2010), H24 (2012), H26
(2014), and H28 (2016) for COLIEE 2014, 2015, 2016, and 2017, respectively.1 )
Most of the questions have only one relevant article and less than one-third of
questions have multiple (two or more) relevant articles.

Table 1. Test data

Year Number of questions (with multiple relevant articles) Number of relevant articles
H22 47 (3) 51
H24 79 (12) 102
H26 95 (29) 131
H28 78 (20) 110

1
One COLIEE competition uses one year bar exam data (e.g., H22 for COLIEE 2014)
for IR task and another one year for entailment (e.g. H23(2011) for COLIEE 2014).
 Analysis of COLIEE Information Retrieval Task Data 7

2.2 Submitted Runs

Run is a retrieval results (list of candidate relevant articles for each question)
submitted by a participant. Each participating team can submit multiple runs
as candidates for evaluation.2
Table 2 presents information about the runs. Except for COLIEE 2017 [2],
there is no clear description about the language used for generating runs. How-
ever, after checking the papers, we found that most of the submissions used
English data except for Kanolab (H24), HUKB (H26 and H28), and KIS (H28).

Table 2. Number of submissions (teams runs)

Year English Japanese

Runs Teams Runs Teams
H22 1 1 0 0
H24 6 4 6 1
H26 10 6 4 1
H28 11 5 5 2

In this analysis, since the characteristics of the runs from the same team are
similar, we use the best performance runs for each team for further analysis.

2.3 Indri

Indri is a state-of-the-art IR system based on language modeling [9]3 . Indri is

used in varieties of IR tasks including web retrieval [10], blog retrieval [11].
Retrieval performance of Indri is good even for the out-of-box Indri implemen-
tation [11]. Indri uses phrase-based queries4 that are useful for identifying legal
terminology represented as compound terms. In this experiment, we do not con-
duct any parameter tuning for this task (out-of-box setting same as [11]). Figure 1
shows the procedures to translate a question query into one for Indri in English
and Japanese.
For both languages, the original question queries are translated by using the
operator “#combine” for representing all combinations of the keywords in the
query are used for calculating the similarity. In addition, for English, words in
the stop-words list5 are excluded from the index and the Krovetz stemmer is
used for normalizing terms in the documents and queries. For Japanese, MeCab
morphological analyzer with original dictionary (no special tuning for handling
2
Since participants didn’t have information about the relevant articles, they can sub-
mit multiple runs with different settings as candidates for evaluation.
3
https://www.lemurproject.org/indri/.
4
Phrase-based queries can take into account the word ordering in the query.
5
http://www.lemurproject.org/stopwords/stoplist.dft.
8 M. Yoshioka

Fig. 1. Indri query construction

legal terms) is used to normalize and segment a query text into a sequence of
normalized Japanese words and no stop-words are used. To construct a retrieval
result, a top-ranked retrieved document for each query is returned as a relevant
article (this approach is the most commonly used among all submitted data).
Table 3 shows the system performance of Indri for the test data. From this
table, it is clear that the difficulty of Japanese and English test data differs year
by year.

Table 3. Retrieval performance of Indri (English and Japanese)

Year English Japanese

F Precision Recall F Precision Recall
H22 0.551 0.574 0.529 0.735 0.766 0.706
H24 0.486 0.557 0.431 0.409 0.468 0.363
H26 0.496 0.589 0.427 0.460 0.547 0.397
H28 0.585 0.705 0.500 0.436 0.526 0.372
 Analysis of COLIEE Information Retrieval Task Data 9

3 Analysis of the COLIEE Competition Data

In this analysis, we use ranked results of Indri retrieval results as a feature to
show the similarity between a given question and a related article or articles.
This feature allows the classification of the question type based on its difficulty.

3.1 Comparison Between English and Japanese Test data

First, we compare the rank of relevant articles of the English and Japanese
test data (Table 4). From this table, we can see that the correlations between
the ranks of English and Japanese test data are similar, although there are a
few cases where the results are completely different. H24-27-O6 is a case that
Japanese data is easier than English one (rank 18 for Japanese and rank 495
for English). On the contrary, H26-27-3 is a case that English one is easier
than Japanese one (article 650: rank 9 for English and rank 678 for Japanese;
article 701: rank 300 for English and 98 for Japanese; article 702 rank 561 for
English and 114 for Japanese). Underlines highlight the corresponding parts
among question and article pairs.

– H24-7-O: In cases where (A) and (B) is a married couple, if A engages in juris-
tic act with (C) in the single name of oneself regarding everyday household
matters, the extinctive prescription of C’s credit against B shall be nullified
upon the judicial claim of C’s credit against B.

Answer: 434
(Request for Performance to One Joint and Several Obligor)
Article 434 A request for performance made to one joint and several
obligor shall also be effective with respect to other joint and several
obligor(s).

– H26-27-3: In cases where A found a collared dog whose owner is unknown,

and took care of it for the unknown owner; A took the dog to his/her
house and took care of it, then the dog pushed down a vase on a shoe

6
Capital letter such as “A”, “B”, and “C” are used for anonymize original name in
Japanese judicial precedent and also be used in the exam.
10 M. Yoshioka

cupboard and broke it. In this case, if A was free from any negligence, A
may claim compensation for the loss from the owner of the dog.7

Answer: 650,701,702
(Mandatary’s Claims for Reimbursement of Expense)
Article 650 (1) If the mandatary has incurred costs found to be neces-
sary for the administration of the mandated business, the mandatary
may claim reimbursement of those costs from the mandator and any
interest on the same from the day the costs were incurred.
(2) If the mandatary has incurred any obligation found to be neces-
sary for the administration of the mandated business, the mandatary
may demand that the mandator perform the obligation on the man-
datary’s behalf. In such cases, if the obligation has not yet fallen due,
the mandatary may require the mandator to tender reasonable secu-
rity.
(3) If the mandatary suffers any loss due to the administration of
the mandated business without negligence in the mandatary, he/she
may claim compensation for the loss from the mandator.

For the first case, “ ” are translated into “obligor” in the article and
“ ”(obligation) in the question as “credit”. However, Japanese system can
use “ ”(obligation) as a part of “ ”(joint obligor) that are split as
“ ”(joint), “ ”(obligation), “ ”(person; suffix) using Japanese Morpho-
logical analyzers.
7
A part of Japanese questions include description about the explanation of their
question types and this part is not translated into English one. For example, Japanese
question has “
” (There are five descriptions about the legal decision
(a) to (o). Please select a combination of correct description(s) from 1 to 5
below.), but no corresponding description in English one.
 Analysis of COLIEE Information Retrieval Task Data 11

For the latter case, the style of writing for article 650 (3) and questions
are very similar (share long phrases) in English and not for Japanese. Another
problem is related to description about the explanation of their question types.
When we use the question that removes this explanation: “

”, the rank of the article

650 rise to 100.

Table 4. Comparison of rank of relevant articles in Japanese and English

J E
1 2 3 4 5 -10 -30 -50 -100 101- Sum
1 145 10 6 1 1 3 0 0 0 0 166
2 18 13 6 2 0 2 3 0 0 0 44
3 7 6 4 2 0 3 2 0 0 0 24
4 2 3 3 2 4 1 2 0 1 0 18
5 1 0 0 3 3 2 0 0 0 0 9
-10 4 3 3 3 2 5 4 0 0 1 25
-30 5 0 1 0 6 5 16 2 2 3 40
-50 0 1 0 0 0 1 11 3 3 1 20
-100 0 0 0 0 0 1 0 4 7 6 18
101- 0 0 0 0 0 1 0 2 4 23 39
Sum 182 36 23 13 16 24 38 11 17 34 394

Table 4 shows the comparative analysis results between the system based on
English test data and Japanese one. Columns of the table represents rank for the
English test data of the relevant articles and lows represents ones for Japanese
test data. Most of the top one ranked questions for the English are also ranked
as top for the Japanese, but there are several exceptional cases.
Difficult Japanese ones.
Based on the results of Tables 3 and 4, it is therefore necessary to analyze
the runs for English and Japanese data separately.

3.2 Analysis of English Test Data

The numbers of teams that used English data for each run (H22(2010),
H24(2012), H26(2014), and H28(2016)) were 1, 4, 6, and 5, respectively. For
Japanese data, the numbers were 0, 1, 1, 2, respectively. Since the numbers of
Japanese runs are small, we will first focus on the English runs.
12 M. Yoshioka

Table 5 shows the cross table of Indri rank (English) for all relevant articles
and the number of team best performance runs that find those articles. First and
second row of Table 5 represent test data used in the competition and number of
team best performance runs that find those articles (maximum number of teams
are different based on the number of participant teams for each test data 1, 4,
6, 5 for H22, H24, H26, H28) respectively. When there is no team that can be
retrieve relevant articles, it was categorized as 0 (no team). From this table, we
confirmed questions with Indri rank 1 are likely to be retrieved by many teams,
but questions with Indri rank lower than 100 are not retrieved by any teams.

Table 5. Cross table of Indri rank (English) and number of team best performance
runs that find relevant articles

Indri rank H22 H24 H26 H28

0 1 0 1 2 3 4 0 1 2 3 4 5 6 0 1 2 3 4 5
1 1 26 1 0 6 19 18 0 2 0 5 4 24 21 2 2 3 7 6 35
2 1 6 1 1 5 3 2 4 1 1 0 2 0 1 2 2 1 1 1 1
3 2 2 3 2 1 0 0 0 2 1 0 0 2 0 3 1 2 1 1 0
4 0 0 3 1 1 0 0 1 0 2 1 2 0 0 0 1 0 1 0 0
5 0 0 1 1 0 0 0 2 6 1 0 0 0 0 2 1 1 1 0 0
-10 1 2 3 0 0 0 0 7 2 1 0 0 1 0 5 0 1 0 0 1
-30 2 1 8 2 0 0 0 12 2 1 0 0 0 0 7 2 1 0 0 0
-50 1 0 4 1 0 0 0 1 0 0 0 0 0 0 4 0 0 0 0 0
-100 3 0 3 1 0 0 0 4 1 0 0 0 0 0 5 0 0 0 0 0
101- 3 0 11 0 0 0 0 14 0 0 0 0 0 0 6 0 0 0 0 0
Sum 14 37 38 9 13 22 20 45 16 7 6 8 27 22 36 9 9 11 8 37

Since most of the runs return only one article per question, the second- and
third-ranked relevant articles are not likely to be retrieved. Therefore, most of the
second- and third-ranked relevant articles are not retrieved by all runs regardless
of Indri rank. To reduce the effect of questions with multiple answers, Table 6
shows the cross table of Indri rank (English) for the top-ranked relevant article
for each question and the number of team best performance runs that find those
articles. From this table, we see that there are several questions whose retrieved
relevant articles differ according to the submitted runs. For example, in the
case of Indri top-ranked questions in H28 data, the number of questions that
are retrieved by all teams (five) increases from 35 to 38, because the following
questions have two different relevant articles that are retrieved by the different
systems.

– H28-11-5 (The statutory lien over movables shall prevail over the pledge of
movables.): Only Indri found 339 and 5 other runs found 334.
 Analysis of COLIEE Information Retrieval Task Data 13

– H28-16-1 (Before the principal is fixed, a revolving mortgagee may assign a

Revolving Mortgage or effect a partial assignment of the Revolving Mortgage,
without the approval of the revolving mortgagor.): Indri and 3 other runs
found 398-12 and 2 other runs found 398-13.
– H28-24-4 (In cases where there is any latent defect in the subject matter of
a sale, if the buyer demands compensation for damages based on a warranty
against defects within one year from the time when he/she came to know
the existence of the defect, extinctive prescription of the right to demand
compensation for damages shall not be completed even if 10 years have passed
at that time since he/she received the delivery of the subject matter of the
sale.): Indri and 2 other runs found 566 and 3 other runs found 570.
Those questions have multiple answers for similar contents. In contrast, the
number of questions for Indri rank higher than 100 decreases, meaning that there
are a certain number of questions whose multiple relevant articles are ranked
lower than 100. We will discuss the characteristics of questions with multiple
relevant articles in Sect. 3.4.

Table 6. Cross table of Indri rank (English) of the top-ranked relevant article and the
number of team best performance runs that find at least one relevant article

Indri rank H22 H24 H26 H28

10 1 0 1 2 3 4 0 1 2 3 4 5 6 0 1 2 3 4 5
1 1 26 1 0 6 19 18 0 0 1 5 2 24 24 1 2 2 6 6 38
2 1 6 1 1 5 3 2 2 0 1 0 2 0 1 0 2 0 1 1 1
3 2 2 1 2 1 0 0 0 1 1 0 0 1 0 2 0 3 0 1 0
4 0 0 2 1 1 0 0 0 0 1 1 1 1 0 0 0 0 1 0 0
5 0 0 0 1 0 0 0 1 4 1 0 0 0 0 0 0 0 1 0 0
-10 1 2 0 0 0 0 0 5 2 1 0 0 1 0 1 0 1 0 0 0
-30 2 1 3 1 0 0 0 3 1 1 0 0 0 0 4 0 1 0 0 0
-50 0 0 2 0 0 0 0 0 0 0 0 0 0 0 2 0 0 0 0 0
-100 1 0 1 0 0 0 0 0 1 0 0 0 0 0 0 0 0 0
101- 2 0 7 0 0 0 0 5 0 0 0 0 0 0 1 0 0 0 0 0
Sum 10 37 18 6 13 22 20 16 9 7 6 5 27 25 11 4 7 9 8 39

Table 7 shows the cross table of Indri rank and the results of the best-run of
all submission data using English collection for each year (H22: UA; H24: UA;
H26: iLIS7; and H28: iLIS7 (Year: teamID)). Number of teams for second row of
Table 7 is 0 (the best-run fails to retrieve the article) and 1 (the best-run succeeds
to retrieve the article). From this table, it is clear that the best-run systems are
effective at retrieving articles with higher Indri rank, but it is difficult for those
systems to retrieve articles with lower Indri rank. The characteristics of those
articles are discussed in Sect. 4.
14 M. Yoshioka

Table 7. Cross table of Indri rank (English) and best-run of all submission data using
English collection

Indri rank H22 H24 H26 H28

0 1 0 1 0 1 0 1
1 1 26 5 39 2 54 5 50
2 1 6 5 7 6 3 6 2
3 2 2 3 3 2 3 4 4
4 0 0 4 1 2 4 1 1
5 0 0 2 0 5 4 4 1
-10 1 2 3 0 9 2 5 2
-30 2 1 10 0 13 2 9 1
-50 1 0 5 0 1 0 4 0
-100 3 0 4 0 5 0 5 0
101- 3 0 11 0 14 0 6 0
Sum 14 37 52 50 59 72 49 61

3.3 Analysis of Japanese Test Data

Since the number of teams using Japanese test data is just one—except for
H28—and the second-best team in H28 is relatively worse than the best-run of
all submission data and Indri, we use cross tables for the best run (Tables 8 and
9) only for its analysis. The general tendency of the results is almost identical
to the English data.

Table 8. Cross table of Indri rank (Japanese) and best-run of all submission data
using Japanese collection

Indri rank H24 H26 H28

0 1 0 1 0 1
1 18 19 2 50 6 35
2 8 4 10 8 5 6
3 8 2 4 1 6 2
4 4 0 5 1 4 2
5 3 0 2 1 3 0
-10 4 0 7 1 10 2
-30 9 1 11 2 10 5
-50 5 0 9 0 3 0
-100 7 0 5 0 6 0
101- 10 0 12 0 5 0
Sum 76 26 67 64 58 52
Another random document with
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 Under the circumstances, Israel throve and multiplied apace.
Synagogues sprang up in every important city in the Empire, and the
Jews fasted and feasted without fear and often without moderation.
Tolerance begot tolerance. Religious zeal, unopposed, lost much of
its bitterness, and the Jews gradually reconciled themselves to their
new position. Their hatred of the Pagan was almost forgotten in their
hatred of the Christian; and, while they helped in the occasional
persecution of the latter, they aped the manners of the former. The
ladies of the Jewish Patriarch’s family esteemed it an honour to be
allowed to dress their hair according to the Roman fashion and to
learn Greek. The Jewish laws forbidding Hellenic art and restricting
the intercourse with the Gentiles ceased to be enforced. But nothing
shows the extent and the depth of the repugnance which the Gentile
inspired in the Jew more clearly than the fact that the abrogation of
the law of the Synagogue, which prohibited the use of the oil of the
heathens, was regarded as so daring an innovation that the
Babylonian Jews at first refused to believe the report. Bread made
by the heathens continued to be tabooed.
The faith in the coming of the Messiah, indeed, was still as firmly
held as ever. But, in the absence of persecution, from a definite
expectation it faded into a pleasantly vague hope. While cherishing
their dream for the future, the Jews were sensible enough not to
neglect the realities of the present. The subjugation of the earth by
force of arms might come in God’s good time; meanwhile they
resolved to achieve its conquest by force of wit; and it was then that
they developed that commercial dexterity and laid the foundations of
that financial supremacy which have earned them the envy of the
Gentiles, and which, in after ages, were destined to cost them so
much suffering. Their skill and their knowledge, their industry and
their frugality, ensured to them a speedy success. By the end of the
third century their European colonies had spread from Illyria in the
East to Spain in the West, to Gaul and the provinces of the Rhine in
the North; and it appears that, though trade, including trade in
slaves, was their principal occupation, their prosperity in many of
these settlements was also derived to some small extent from
agriculture and the handicrafts. The civil and military services were
also indebted to their talents, and, in a word, these Semitic exiles,
though their peculiar customs were mercilessly ridiculed on the
stage, could have none but a sentimental regret for the loss of
Palestine. Their position in the Roman Empire at this period was a
prototype of the position which they have since held in the world at
large: “Everywhere and nowhere at home, and everywhere and
32
nowhere powerful.”
But the calm was not to last, and signs of the long terrible
tempest, which was to toss the ship of Israel in after years, were
already visible on the horizon.
 CHAPTER V

CHRISTIANITY AND THE JEWS

In dream I saw two Jews that met by chance,

One old, stern-eyed, deep-browed, yet garlanded
With living light of love around his head,
The other young, with sweet seraphic glance.

Around went on the Town’s satanic dance,

Hunger a-piping while at heart he bled.
Shalom Aleichem, mournfully each said,
Nor eyed the other straight but looked askance.
—Israel Zangwill.

Christianity, long despised and persecuted, had by slow yet steady

steps made its way among the nations, until from a creed of slaves it
was raised by Constantine to the sovereignty of the Roman world.
The cross from being an emblem of shame became
323 a.d.
the ensign of victory, and the great church of the
Resurrection, built by the first Christian Emperor on the hill of
Calvary, proclaimed to mankind the triumph of the new religion. But
the gospel which was intended to inculcate universal peace, charity,
and good-will among men brought nothing but new causes of
discord, cruelty, and rancour. Apostles and missionaries are apt to
imagine that religion is everything and national character nothing,
that men are formed by the creeds which they profess, and that, if
you extended to all nations the same doctrines, you would produce
in all the same dispositions. The history of religion, however,
conclusively demonstrates that it is not churches which form men,
but men who form churches. An idea when transplanted into foreign
soil, in order to take root and bear fruit, must first adapt itself to the
conditions of the soil. The nations of the West in embracing Christ’s
teaching assimilated from it only as much as was congenial to them
and conveniently overlooked the rest. Mercy—the essence of the
doctrine—was sacrificed to the passions of the disciples. Henceforth
the old warfare between Jew and Gentile is to manifest itself chiefly
as a struggle between the Synagogue and the Church, between the
teaching of the New Hebrew Prophet and the Old Hebrew Prophet,
so beautifully imagined by a modern Jewish writer in the lines quoted
above.
The Jews were told that the observances of the Mosaic Law
were instituted on account of the hardness of their hearts and were
no longer acceptable in the sight of God; that the circumcision of the
spirit had superseded the circumcision of the flesh; that faith, and not
works, is the key to eternal life; that their national calamities were
judgments for their rejection and crucifixion of Jesus; and that their
only hope of peace in this world and of salvation in the next lay in
conversion. Nor was the enmity towards the Jews confined to
refutation of their doctrines and attempts at persuasion. The Jews
had always been held by the Christians responsible for all the
persecutions and calumnies with which their sect had been assailed.
“The other nations,” says Justin to his Jewish collocutor in 140 a.d.,
“are not so much to blame for this injustice towards us and Christ as
you, the cause of their evil prejudice against Him and us, who are
from Him. After the crucifixion and resurrection you sent forth chosen
men from Jerusalem throughout the earth, saying that there has
33
arisen a godless heresy, that of the Christians.” The accusation is
repeated, among others, by Origen: “The Jews who at the
commencement of the teaching of Christianity spread evil reports of
the Word, that, forsooth, the Christians sacrifice a child and partake
of its flesh, and also that they in their love for deeds of darkness
34
extinguish the lights and indulge in promiscuous incest.” Here we
find the sufferings of Christ linked to the sufferings of His followers;
the crime of the Pharisees associated with those of their
descendants; and, in defiance of the essential tenet of Christianity,
and of the sublime example of its author, the sins of the fathers are
now to be visited upon the children. The Christians, while gratifying
their own lust for revenge, flattered themselves that they avenged
the wrongs of Christ; by oppressing the Jews they were convinced
that they carried out the decrees of Providence. Thus pious
vindictiveness was added to the other and older motives of hatred—
a new ring to the plant of anti-Judaism. But for the existence of those
other motives of hatred, with which theology had little or nothing to
do, the theological odium henceforth bestowed upon the Jews would
have been merely preposterous. The founder of Christianity, Himself
a Jew, had appeared to His own people as the Messiah whom they
eagerly expected and with all the divine prophecies concerning
whose advent they were thoroughly familiar. They investigated His
credentials and, as a nation, they were not satisfied that He was
what His followers claimed Him to be. Instead of remembering that
His Jewish fellow-countrymen were, after all, the most competent to
form a judgment of their new Teacher, as they had done in the case
of other inspired Rabbis and prophets, the Christians proceeded to
insult and outrage them for having come to the conclusion that He
failed to fulfil the conditions required by their Scriptures. St. Jerome,
though devoted to the study of Hebrew, expressed his hatred of the
race in forcible language. Augustine followed in his older
contemporary’s footsteps, and abhorrence of the Jews became an
article of faith, sanctioned by these oracles of Orthodoxy and acted
upon by the pious princes of later times.
At first Constantine had placed the religion of the Jews on a
footing of equality with those of the other subject nations. But his
tolerance vanished at his conversion. Under his reign, the Jews were
subjected to innumerable restrictions and extortions; the faithful were
forbidden to hold any intercourse with the murderers of Christ, and
all the gall which could be spared from the sectarian feuds within the
fold of the Church was poured upon the enemy outside. Judaism
was branded as a godless sect, and its extermination was advocated
as a religious duty. The apostasy of Christians to Judaism was
punished severely, while the apostasy of Jews to Christianity was
strenuously encouraged, and the Synagogue was deprived of the
precious privilege of persecution, which henceforth was to be the
exclusive prerogative of the Church. The edict of Hadrian, which
forbade the Jews to live in Jerusalem, was re-enacted by
Constantine, who only allowed them on the anniversary of the
destruction of the Temple to mourn on its ruins—for a consideration.
337 But the real persecution did not commence until
the accession of Constantius. Then the Rabbis were
banished, marriages between Jews and Christian women were
punished with death, and so was the circumcision of Christian
slaves; while the communities of Palestine suffered terrible
oppression at the hands of the Emperor’s cousin Gallus, and were
goaded to a rebellion which ended in the extirpation of many
thousands and the destruction of many cities. But the
352
Jews endured all these calamities with the patience
characteristic of their race, until relief came from an unexpected
quarter.
In 361 Julian, whom the Church stigmatised by the title of
Apostate, ascended the throne of Constantine the Great. Julian’s
ambition was to banish the worship of the Cross from his Empire, to
reform paganism and to restore it to its ancient glory. Brought up
under wise Greek teachers, he was early imbued with a profound
love and reverence for the beliefs and customs of Hellas. He felt
strongly the instinctive repugnance of the Hellenic spirit to Oriental
modes of thought. The Christian creed repelled him, and the pathos
of Christ’s career left him unmoved. To Julian Jesus was simply the
“dead Jew.” His philosophical attachment to paganism and contempt
for “the religion of the Galileans” were strengthened by his
experience of the Christian tutors to whom his later education had
been entrusted by his cousin Constantius. While in his cousin’s
power, Julian had been forced to conceal his views and to observe
outwardly the rules of a creed which he despised. Compulsory
conformity deepened his resentment towards the Christian Church,
without, however, blinding him to the beauty of the principle of
toleration which she denied. Although, on becoming Emperor, he
favoured those who remained faithful to the old religion, Julian did
not oppress the followers of the new, holding that the intrinsic
superiority of paganism would eventually secure its triumph. His
confidence was misplaced. The classical ritual was no longer
acceptable to serious men, and the Neo-Platonic mysticism which
endeavoured to transform sensuous polytheism into a spiritual
philosophy possessed no attraction for the multitude. Christianity had
adopted enough of pagan speculation to conciliate the educated and
more than enough of pagan practice to satisfy the ignorant. The
Greek pantheon had ceased to have any reason for existing. All that
imperial encouragement could do was to galvanise into a semblance
of life a body that was already dead.
But though Julian’s success was ephemeral and the revival of
polytheism impossible, yet the attempt brought for a while pagan
tolerance to a world distracted by Christian sectarianism and the
sanguinary squabbles of metaphysicians and priests. Towards the
Jews Julian proved particularly gracious. He introduced Jehovah to
his chorus of deities, and treated Him with especial reverence. It was
enough for Julian that Jehovah was a god. He cared little about the
claims to universal and exclusive veneration advanced on His behalf
by some of His worshippers. The Emperor’s desire to humble the
Christians, combined with his genuine pity for the suffering Jews,
suggested to him the design of rebuilding the Temple of Jerusalem,
of investing it with its ancient splendour, and of recalling the children
of Israel to the home of their fathers.
Alypius of Antioch, Julian’s faithful friend, was entrusted with the
execution of the scheme, and was sent to Palestine for the purpose.
The Jews saw the finger of God in the Imperial enthusiast’s resolve.
It seemed to them that the long-expected day of redemption had
dawned, and they answered the summons with alacrity. Leaving their
homes and their occupations, they crowded to Zion from far and
near, both men and women, bringing with them their offerings for the
service of the Temple, gold and silver and purple and silk, even as
their ancestors had done in obedience to the call of the Lord through
Moses, and again on their return from Babylon in the days of yore.
No Pharaoh with a taste for monumental architecture had ever
exacted from his subjects a larger tribute in money and labour than
this pagan Prince of Zionists now received freely from the children of
Israel. To share in the work was a title to everlasting glory, while
ignominy would be the portion of those who shirked it. But there
were few who wished to do so. The building of the Temple was a
labour of love, and no sacrifice was deemed too great, no service too
painful for the realisation of the dream which so many generations of
Jews had already dreamt, and which so many more were fated to
35
dream in the future.
363 Alas! the glorious self-denial of a whole race was
wasted, and its hopes were dashed to the ground by
the Emperor’s untimely death. The work was abandoned six months
after its inception, all traces of it soon vanished, and the site over
which the plough had once been drawn remained a final loneliness.
The pilgrims dispersed, disheartened and abashed, and their
enemies rejoiced. The Christians, in their turn, detected the finger of
God in this failure of the Jews to escape the lot assigned to them
from above, as a punishment for their sins, and continued to assist
Providence.
364–378 Under the Arian Emperor Valens the Jews were left
379–395
unmolested. Theodosius the Great also
protected them against the attacks of
395–408
fanaticism, and under the rule of Arcadius they were
able to purchase peace by bribing the Emperor’s
favourites. But with the accession of Theodosius the
408–450
Younger orthodoxy and intolerance, which had been
interrupted by the short reign of heresy, were restored to power.
The effects of this restoration were soon felt by the Jews. John
Chrysostom had been denouncing them in Antioch, and the
preacher’s eloquence was translated into acts of violence by the
people of the neighbouring town of Imnestar. The
415
occasion of the riot was the Feast of Purim, when the
Jews celebrated their triumph over Haman by a carnival of
intoxication and ribaldry accompanied with the crucifixion of their
enemy in effigy. The merriment, it appears, was further accentuated
by coarse jokes at the expense of Christianity. The Christians of the
town, who had frequently complained of these orgies in vain, now
accused the Jews of having crucified not a straw-Haman but a live
Christian lad. The charge led to the severe punishment of the
36
revellers.
The same year witnessed a persecution of the Jews on a far
larger scale in Alexandria. In that city Jews and Christians had long
lived on terms of mutual repugnance, which not rarely resulted in
reciprocal outrage. An episode of this kind afforded Cyril, the
dictatorial and bigoted Patriarch, an excuse for indiscriminate
vengeance. Early one morning the pugnacious ecclesiastic led a
rabble of zealots against the Jews’ quarter, demolished their
synagogues, pillaged their dwellings, and hounded the inmates out
of the city in which they had lived and prospered for seven centuries.
Forty thousand of them, the most industrious and thrifty part of the
population, were driven forth to join their brethren in exile. The
Prefect Orestes, unable to prevent the assault, or to punish the
culprits, was fain to express his disapproval of their conduct—an
indiscretion for which he narrowly escaped being stoned to death by
the monks.
In the meantime the Christian inhabitants of Antioch volunteered
to avenge the grievances of their brethren at Imnestar by ejecting
their Jewish fellow-citizens from the synagogues. The Emperor
Theodosius compelled them to restore the buildings to the owners.
But this decision was denounced by Simeon the Stylites, who on
ascending his column had renounced all worldly luxuries except
Jew-hatred. From that lofty pulpit the hermit addressed an epistle to
the Emperor, rebuking him for his sinful indulgence to the enemies of
Heaven. The pious Emperor was not proof against reprimand from
423
so eminent a saint. He immediately revoked his edict
and removed the Prefect who had pleaded the cause
of the Jews.
425 Two years later Theodosius the Younger abolished
the semi-autonomous jurisdiction of the Jewish
Patriarch of Tiberias and appropriated his revenues. He imposed
many grievous restrictions on the celebration of Jewish festivals,
excluded the Jews from public offices, and prohibited the erection of
new synagogues. The harsh laws of Theodosius remained in force
under his successors. The Jews were looked upon with contempt
and aversion in every part of the Byzantine Empire, their persons
and their synagogues, in the towns where such existed, were
frequently made the objects of assault, and the riots excited by the
rivalry between the Christian factions in the circus often ended in
combined attacks upon the Jewish quarter. Meanwhile Palestine,
with few exceptions, had become completely Christianized; Greek
churches and monasteries occupied the places once held by the
synagogues of the Jews, abbots and bishops bore sway over the
land of the Pharisees, and Jerusalem from a capital of Judaism
became the stronghold and the sanctuary of the Cross.
Suffering once more kindled the hope for the Redeemer. Moses
of Crete, in the middle of the fifth century, undertook to fulfil the old
prophecies and to gratify the expectations of his persecuted
brethren. He gained the adherence of all the Jews in the island and
confidently promised to them that he would lead them dry-shod to
the Holy Land, even as his great namesake had done before him.
On the appointed day the Messiah marched to the coast, followed by
all the Jewish congregations, and, taking up his station on a rock
which jutted out into the sea, he commanded his adherents to cast
themselves fearlessly into the deep. Incredible as it may appear to
us creatures of commonsense, many obeyed the command, to find
the waters unwilling to divide. Several perished through the
stubbornness of the element and their own inability to swim; others
were rescued from the consequences of excessive faith by Greek
sailors. Moses vanished.
527–565 Justinian aggravated the servitude of the Jews. In
his reign the holy vessels of the Temple which had
already wandered over the East, been taken to Rome by Titus, and
thence transferred to Carthage by Genseric the Vandal, found their
way to Constantinople. The Jews of New Rome had the mortification
to see these memorials of their departed greatness in the train of
Belisarius who, having destroyed the empire of the Vandals, carried
into captivity the grandson of Genseric, and with him the sacred
vessels, which were finally deposited in a church at Jerusalem. In
the same year the evidence of Jews against Christians
535
 was declared inadmissible, and two years later
Justinian passed a law burdening the Jews with the expensive duties
of magistracy, while denying to them its exemptions and privileges.
Soon after the Jews were forbidden by law to observe Passover
before the Christian Easter.
Under Justinian the Samaritans fared even worse than the Jews.
Oppression goaded them repeatedly to rebellion, and each attempt,
accompanied as such attempts were with atrocities against the
Christians, rendered the yoke heavier. One of these desperate
revolts occurred in 556 a.d., when the Samaritans of Caesarea took
advantage of one of the inevitable circus-riots and, aided by the
Jews, massacred the Christian inhabitants. The crime brought down
upon them a heavy and indiscriminate punishment.
A respite followed on Justinian’s death, and it continued under
his immediate successors. But the reign of Phocas witnessed a
renewal of the feud. The Jews of Antioch suddenly fell
608
upon the Christians, whom they slaughtered and burnt;
while they dragged the Patriarch through the streets and put him to
death. A military force suppressed the riot and wreaked vengeance
on the guilty people. A few years after, the Jews seized an
opportunity for venting their ill-concealed hatred of the Greeks. This
was the advance of the Persians upon Palestine.
A certain rich Jew of Tiberias, Benjamin by name, led the revolt,
and called upon his fellow-countrymen to join the Persians. The
Jews gladly complied, and assembled from all parts of Palestine,
bringing their fury and their fire to bear upon the Christians. With
their assistance the Persians took Jerusalem,
614
massacred ninety thousand Christian inhabitants, and
sacked all the Christian sanctuaries, for their Jewish allies would
spare none and nothing that reminded them of their national
humiliation. From the capital terror and havoc spread throughout the
land, the conquerors destroying the monasteries and killing the
monks wherever they found them. An attempt to surprise and slay
the Christians of Tyre during the Easter celebrations, however, failed.
The latter, having been informed of the design, seized the Jews in
the town, who were to act as secret auxiliaries of the assailants,
killed one hundred of them for each atrocity perpetrated by their
accomplices outside the city, and threw the heads of the victims over
the walls for the edification of their co-religionists. This performance
had the desired effect. The besiegers, dismayed at the shower of
Hebrew heads which fell upon them, beat a hasty retreat, pursued by
the Tyrian Christians.
For fourteen years Palestine remained in the hands of the
Persians and the Jews. Several Christians in despair embraced
Judaism, among them a monk of Mount Sinai, who changed his
name into Abraham, married a Jewess, and, renegade-like,
distinguished himself by joining in the persecution of the faith which
he had betrayed. But the Jews, who had fondly hoped that their
Persian allies would make the country over to them, were doomed to
disappointment. Discontent culminated in a rupture with their friends
and the banishment of many Jews to Persia. The rest then resolved
to revenge themselves by a second act of treachery. They entered
into negotiations with the Emperor Heraclius, and, on his promising
to forgive and forget their past misdeeds, aided him to recover the
province. The Persian invaders were driven back, and
628
the Greeks reigned once more supreme over Western
Asia.
The Jews acclaimed the victor and his army with servile
adulation, and entertained both with a liberality springing from cold
calculation. But their enthusiasm was too transparent, and their
atrocities too recent to delude Heraclius. At Jerusalem the monks
earnestly implored the Emperor to punish the traitors, and with one
stroke to remove for ever the danger of a repetition of their crime.
Heraclius objected to the breach of faith which the holy men so
vehemently recommended; but his scruples were overruled by their
offers to take the sin upon themselves, by their casuistical
demonstrations that the extermination of the enemies of Heaven was
a meritorious deed beside which common honesty counted for
nothing, and by the promise to fast and pray on his behalf. The Jews
were persecuted; many of them were slaughtered, and others fled to
the hills or to Egypt, where they were welcomed by their brethren.
Thus double treachery ended in double disaster.
 The sufferings of the Jews in the Byzantine Empire were revived
by Leo the Isaurian, who seems to have tried to recover the
confidence of the clergy, forfeited by his iconoclastic proclivities, by a
zealous persecution of those eternal enemies of Orthodoxy. In 723
he issued a decree threatening with terrible penalties all Jews who
refused to be baptized. Some submitted to the ordeal in order to
save their lives; others preferred to seek safety in voluntary exile, or
glory in self-inflicted martyrdom; many burning themselves to death
in their synagogues.
Under Leo’s successors, though the Jews continued to be
excluded from public offices, they were allowed full freedom in the
exercise of their religion and the pursuit of commerce. Basil,
however, in the middle of the ninth century, renewed the endeavours
of the Church to convert the infidels, and under his auspices public
disputations were held between Christian and Hebrew theologians;
the persuasive eloquence of the former being strengthened by
promises of political preferment to converts. Many Jews hastened to
profit by this opening to power. But on the Emperor’s
886
death they exhibited an equal alacrity in returning to
the old faith. Whereupon Leo the Philosopher ordered
900
that backsliders should be put to death as traitors to
the Church. This severity, however, was relaxed under his
unphilosophical successors.
Benjamin of Tudela, that invaluable guide to the mediaeval
Jewry, who visited Constantinople about the middle of the twelfth
37
century, describes the condition of his co-religionists as follows:
“They are forbidden to go out on horseback, except Solomon of
Egypt, who is the King’s physician, and through whom the Jews find
great alleviation in the persecution. For the persecution in which they
live is heavy.... The Christians hate the Jews, be they good or bad,
and lay upon them a heavy yoke. They beat them in the streets and
hold them in a state of cruel slavery. But the Jews are rich and kind,
loving mercy and religion, and they endure patiently the persecution.
38
The quarter in which they live separately is called Pera.”
 Briefly, the history of Israel in the Eastern Empire is a story of
ecclesiastical persecution tempered at times by imperial protection,
until the Turkish conquest deprived the Christians of the means of
oppression. Somewhat better conditions prevailed in the West.
The Jews continued to live in Rome, Ravenna, Naples, Genoa,
and Milan, devoted to the peaceful pursuit of commerce, long after
persecution had commenced in the East. Ambrosius, Bishop of
Milan, it is true, denounced and derided the infidels, but he was
prevented from an active demonstration of his theories on the
subject by the firmness of Theodosius I. This
399
Emperor’s feeble successor, Honorius, forbade the
collection of the Jewish Patriarch’s tax in Italy; but the order was
revoked five years later. In all the cities mentioned the Jews formed
separate, semi-autonomous communities, their only complaint being
their exclusion from judicial and military dignities, which they did not
covet, and the prohibition to build new synagogues or to own
Christian slaves. The latter law, though bitterly resented by the Jews,
was perfectly justified from the Christian, or indeed from an
equitable, point of view. The Jews were large slave-dealers and
slave-owners, and it was their custom to convert their slaves to
Judaism in order to avoid the presence of Gentiles under their roofs.
All slaves who refused to be circumcised were, in obedience to the
Talmud, sold again. It was, therefore, the duty of the Church to
protect these helpless brutes in human form against proselytism. On
the other hand, from the standpoint of the Jews, the prohibition was
a severe blow at their power of competition, as in that age slave
labour was, if not the only, certainly the most usual kind of labour
available.
489 The conquest of Italy by Theodoric, the Ostrogoth,
and the principles of toleration upon which, though a
Christian and a heretic and a hater of Hebrew “obduracy,” this prince
based his rule, seemed to promise a perpetuation of the prosperity of
Israel. How enlightened Theodoric’s administration was is shown by
the following incident. The Jews of Genoa, on asking for permission
to repair their synagogue, received from the King this reply: “Why do
you desire that which you should avoid? We accord you, indeed, the
permission you request; but we blame the wish, which is tainted with
error. We cannot command religion, however, nor compel anyone to
39
believe contrary to his conscience.” But the fanaticism of
Theodoric’s orthodox subjects, denied an outlet against the Arian
conquerors, vented itself on the Jews, who suddenly found
themselves exposed to the ferocity of the Italian rabble, were
insulted and robbed, and saw their synagogues looted and burnt,
until the civil authorities intervened, stopped the havoc, and forced
the aggressors to make reparation for the losses inflicted upon their
fellow-townsmen, thereby earning the cordial anathemas of the
whole Catholic world.
Thus ended the fifth century. Nor did the position of the Jews
deteriorate in the sixth. How happy and wealthy they
536
continued to be in Italy under the Ostrogothic rule is
proved by the brave resistance which they opposed to Justinian’s
general, Belisarius, in his conquering progress through the
peninsula, and more especially at Naples. Byzantine domination
over Italy ceased in 589, when the greater part of the country fell
under the power of the Lombards, who also left the Jews in peace.
Outbursts of popular intolerance disgraced the Italian peninsula from
time to time, but, as a rule, Israel was able to secure official
indulgence with the wealth which it amassed under the interested
protection of the Popes. Gregory the Great, although
590–604
he persecuted the Manichaean heretics of Sicily and
ordered the reclamation of the pagan peasants of Sardinia “etiam
cum verberibus,” and although, in his anxiety to extinguish slavery,
he revived the ordinance of the Emperor Constantius and impressed
upon the princes of Austrasia and Burgundy the necessity of
forbidding the possession of Christian slaves by Jews, yet laid down
the principle that no other means than friendly exhortation and
pecuniary temptation should be employed in the conversion of the
latter, and he sheltered them from the aggressive piety of the inferior
bishops.
In Gaul Jews must have settled at a very early period, though
the origin of their colonies is lost in the mists of unrecorded time, and
no sure evidence of their presence in that province is extant before
the second century. Whether the first Jewish settlers north of the
Alps arrived as prisoners of war or as peddlers, they make their
appearance in history as Roman citizens, and as such they were
treated with respect by the Frankish and Burgundian conquerors,
who allowed them to practise agriculture, medicine, and trade
without let or hindrance, until the introduction of Christianity. The
advent of the Cross here, as elsewhere, proved fatal to the sons of
Israel. Nor could it be otherwise. Time had passed on, the Roman
Empire had been swept away, and a new order of things had sprung
into existence. Younger races dominated the regions over which the
Roman eagle once spread his proud wings, and the worship of one
God, the God of the Jews, had dethroned the many deities of
paganism. The Jew alone had remained the same. Despite lapse of
time and all vicissitudes, the Hebrew of Western Europe still was a
faithful facsimile of his Asiatic forefathers. Like them he continued
hemmed in by an iron circle which he would not overstep and into
which he reluctantly admitted outsiders. The Jews everywhere dwelt
apart, suspicious and suspected. Jewish writers glory in this arrogant
and dangerous isolation: “In spite of their separation from Judaea
and Babylonia, the centres of Judaism, the Jews of Gaul lived in
strict accordance with the precepts of their religion. Wherever they
settled they built their synagogues and constituted their communities
40
in exact agreement with the directions of the Talmud.” Such
constancy, admirable in itself, was, from a practical point of view,
pregnant with perils which were not slow in declaring themselves.
In 465 the Council of Vannes forbade the clergy to participate in
Jewish banquets, because it was considered beneath the dignity of
Christians to eat the viands of the Jews, while the Jews refused to
partake of the viands of the Christians. This was the commencement
of an active display of antipathy destined to endure down to our own
day.
516 In Burgundy the conversion of King Sigismund to
the Catholic faith inaugurated an era of oppression of
all heretics—Arians as well as Jews. True believers, whether laymen
or clergymen, were prohibited from taking part in Jewish banquets.
From Burgundy the spirit of hostility spread to other countries. The
 third and fourth Councils at Orleans reiterated the
538 and 545
above prohibition, and the Jews were forbidden to
appear abroad during Easter, because their presence was “an insult
to Christianity.” Clerical fanaticism was invested with
554
constitutional authority by Childebert I. of Paris a few
years after.
Among these earlier persecutors of Judaism none distinguished
himself more highly than Avitus, Bishop of Clermont. In him the Jews
of Gaul found an enemy as implacable as their brethren of
Alexandria had found in Cyril. He repeatedly strove to convert the
Jews of his diocese, and, on his sermons proving ineffectual, he
incited the Christians to attack the synagogues and to raze them to
the ground. But even this argument failed to persuade the stiff-
necked infidels of the truth of Christianity. The good Bishop,
therefore, gave them the option of baptism or banishment, thus
forestalling the King of England by seven and the King of Spain by
nine centuries. One Jew chose baptism, and paraded the streets in
his garments of symbolic purity during the Pentecost. But another
Jew undertook to interpret the feelings of his brethren by soiling the
devout apostate’s white clothes with rancid oil. The inopportune
anointment led to a massacre and to the forcible baptism of five
hundred more Jews, while the rest fled to Marseilles.
576
This triumph of the faith at Clermont was received with
great rejoicings in the neighbouring countries, and Bishop Gregory of
Tours showed a laudable lack of ecclesiastical jealousy by inviting a
poet to sing in bad Latin the success of his colleague.
581 Five years later the Council of Maçon passed
various enactments emphasising the social inferiority
of the Jews, and the bigotry of the Councillors. King Chilperic also
dabbled in compulsory proselytism, and the later Merovingian Kings
Clotaire II. and Dagobert carried on the work in grim earnest. The
former of these princes, in obedience to the decrees of
615. 629
the Clermont and Maçon Councils, debarred the Jews
from such official posts as conferred on the holders authority over
Christians, and in the following year the Council of Paris
recommended their indiscriminate dismissal from all state offices.
But the decline of the “Merovingian drones” brought at last relief to
the Jews of Gaul.
In Spain, as in Gaul, Israel had pitched its tent very early—in all
probability before the fall of the Roman Republic. The number of the
colonists was subsequently increased by the captives carried off
from Palestine by Titus and Hadrian, and sold in various provinces of
the Empire, as well as by voluntary emigrants; so that the peninsula
was gradually dotted with their synagogues; many towns became
known as “Jewish” owing to the predominance of the chosen people
in their population, and many Jewish families pointed with pride to
lengthy pedigrees, real or imaginary, some dating their immigration
from the destruction of the Second Temple, others tracing their
ancestry to David; and not a few even claiming descent from settlers
brought to Spain by no less a personage than Nebuchadnezzar!
Here they remained unmolested until the conversion of the
country to Christianity, when the familiar process began. The new
religion, having wiped out idolatry, sought a fresh field among the
Jews. Their infidelity justified persecution; their wealth and their
weakness invited it. As early as the reign of Constantine the Great
we find Bishop Severus of Magona, in the island of Minorca, burning
their synagogues and forcing them to embrace Christianity, and
Bishop Hosius of Cordova prohibiting Christians, under pain of
excommunication, from trading, intermarrying, or otherwise mixing
with the contaminated race. But the lot of Israel did not
320
become unbearable until long after the Visigoths from
the North invaded, devastated, and permanently occupied the
peninsula. The first Arian kings, while persecuting the Catholics,
allowed full liberty, civil and political, to the Israelites, who
consequently rose to great affluence and to the most important
dignities in the state. This happy period ended in the sixth century
when King Reccared abjured the Arian heresy and was received into
the bosom of the Church. Then came orthodoxy, and with it
persecution. In 589 the Council of Toledo forbade the Jews to own
Christian slaves, and to hold public offices. The Jews tried to avoid
the first restriction by offering a great sum of money to King
Reccared. But he refused the offer, and earned the
599
 eulogies of Pope Gregory the Great, who compared
him to King David; for as David had poured the water brought to him
out before the Lord, so had Reccared sacrificed to God the gold
offered to him. This was precisely the principle which nine centuries
later dictated Ferdinand and Isabella’s policy towards the Jews.
Indeed, early Visigothic legislation supplies many curious precedents
for mediaeval Spanish bigotry. As time went on it doomed the whole
Jewish race to servitude, and invented many of the maxims and
methods afterwards adopted and perfected by the Inquisition.
Throughout the seventh century the hapless people experienced
all the rigour of Spanish statesmanship, guided by priestly
malevolence. Even bribery, the last resource of the oppressed, was
provided against by regulations which in their stringency showed
that, if the Jews were eager to purchase mercy, their ecclesiastical
oppressors were not above selling the commodity.
612
Under King Sisebut, the treatment of the Jews was a
rehearsal of the tragedy acted in the same country eight hundred
and sixty years later. They were imprisoned, plundered, or burnt, and
finally they were given the choice between apostasy and
expatriation. The most “stiff-necked” amongst them preferred the
loss of country and property to loss of self-respect. Ninety thousand
yielded to force, and saved themselves by apparent conversion. The
Church, while disapproving of compulsory proselytism, pronounced a
heavy sentence on those who openly renounced the creed which
nothing but the fear of banishment had driven them to embrace.
Baptism became a mask and a mockery. But even outward
conformity could not long be maintained unsupported by internal
conviction, and many neophytes seized the first opportunity of
throwing off the hateful cloak. Thereupon the Church, sorely
scandalized at the sight of proselytes falling back into the slough
whence she had rescued them, induced Sisenand, one of Sisebut’s
successors, to restrain by force the Jews once baptized from
relapsing into Judaism, or from frequenting other Jews, and,
furthermore, to order that the children of the former should be torn
from their parents and be educated in monasteries and nunneries.
Those who were discovered secretly indulging in Hebrew rites were
condemned to lose their freedom and to serve the King’s favourites.
Side by side with these inhuman measures was carried on a less
harmful, though not less stupid, missionary campaign. All the
polemical arguments of the early Fathers were now refurbished, but
with no greater success than had attended them when brand-new.
However, these efforts of the Church notwithstanding, the nobles
of Spain continued to extend their protection over the persecuted
people until the accession of King Chintilla, who in a General Council
wrested from them a confirmation of the anti-Jewish enactments of
his predecessors, and, moreover, proclaimed a wholesale expulsion
of all Jews who refused to embrace Christianity. Again many
Israelites were driven out of the country, and many into hypocrisy.
It was hoped that this signal proof of piety on the King’s part
would break at last the inflexible infidelity of the race.
638
The Church also decreed that every king in the future
should at his coronation take a solemn oath to continue the
persecution of heretics. But persecution presupposes a perfect
accord between the civil authority and the ecclesiastical; and, as has
sometimes happened since, the secular power in Spain recognised
certain limits to its capacity for obeying the spiritual. Chintilla died in
642, and later sovereigns refused to carry out the decrees of the
Church, while others tried to do so in vain. The Jews were too useful
to be dispensed with. Political necessity overruled religious bigotry,
and Spain, as every other country in Europe, continued to present
the strange spectacle of a proscribed sect flourishing under the very
eyes of the judges who had repeatedly pronounced its doom.
Despite the manifold disabilities under which the Jews laboured, they
remained and multiplied in the peninsula, the pseudo-converts
practising Judaism in secret; some of the avowed Jews refuting the
arguments of their assailants in polemical treatises; all nursing a
sullen hatred of their rulers and waiting for an opportunity of
gratifying it.
Such an opportunity offered itself in the Arab invasion, and the
Mohammedan Caliphs found in these suffering children of a kindred
race and religion ready and valuable allies. It is not improbable that
the fear of such an alliance between the followers of Mohammed and
those of Moses had intensified among the Christians of Spain the