Towards a Normative Defence of Provocation in England and Ireland

This article compares, in the light of the House of Lords’ decision in R v Smith (Morgan James), the English and Irish approaches to the objective test in provocation. Though the law on this point has developed in radically different directions as between England and Ireland, both jurisdictions demonstrate a profound dissatisfaction with the objective test in its traditional formulation combined with a reluctance to dispense with it altogether. It is suggested that Lord Hoffmann’s approach in Morgan Smith, by drawing out the essentially normative function of the objective test, provides a useful way forward for the law on both sides of the Irish Sea.

Dales, long lands, and the medieval division of land in eastern England

The long, parallel fields of the marshlands between the Fens and the Humber estuary in eastern England, which are recorded on nineteenth-century maps, were the result of the division of the wetlands that occurred particularly during the twelfth and early thirteenth centuries. Areas of common fen pasture were partitioned between tenants to provide land for grazing and arable. Similar division also took place on the coastal strip and in the peat fen for land for salt-making and cutting fuel. These long strips, known as dales, are compared to similar areas in open fields in parts of Yorkshire and Northamptonshire, which have been discussed elsewhere. It is argued that the field shape is the result of a type of division in eastern England in which considerable emphasis was placed on case of partitioning land equitably.

An archaeological approach to the development of the late medieval peasant house

Archaeological excavation has provided an alternative source of evidence for the development of the late medieval peasant house. It is argued that whilst there was a significant change in building techniques in the decades around 1200 with the adoption of ground-set timbers, the most important factor which led to the survival of houses was a fall in real wages during the thirteenth century. This encouraged peasants to repair existing buildings, rather than replace them with new ones. Alternative traditions of building are also investigated. Stone construction was adopted in a number of areas of England, but in spite of the durability of the material, few medieval peasant buildings of this type have survived in use because of the failure to use lime mortar. Decisions about whether to invest in a building’s renovation will depend on the capital initially expended upon it. This interpretation is considered against the data from the fifteenth century and found to conform satisfactorily. Its implications are considered for the period between 1200 and 1350. Data collected from archaeological excavations combined with the results of dendrochronology on a growing number of closely dated standing buildings suggest that there was a significant ‘cull’ of houses in the period after 1350 as new dwellings were constructed.

The Distribution and Adoption of the Byre-house (Longhouse) in Late Medieval Britain

It has long been recognized that the byre-house or longhouse, in which animals and humans lived in the same building and with direct contact, was a distinctive building plan. Earlier interpretations have seen it as a ubiquitous house type found throughout Britain, but gradually replaced by separate buildings for keeping animals and accommodating humans. More recent work has suggested that it was a regional variant of the common late medieval domestic plan. The use of this building type was restricted to parts of Wales, and northern and western areas of England. It is argued that the introduction of the byre-house occurs mainly in the thirteenth century as part of a wider trend to provide accommodation for livestock during the winter months. The byre-house was a one response to this need, and its adoption was not due to climatic or geographical factors. Instead, it is interpreted as reflecting localized cultural attitudes to the relationship between humans and animals.