The legal status and position of the Irish in the English colony in the 14th–15th centuries

The article is devoted to the study of the legal status and status of the Irish population living in the territory of the Peerage of Ireland. This problem, which still remains a lacuna in historiography, is important for understanding the specifics of the colonial community of the four counties, cultural ties and interaction between the British and the Irish in the Middle Ages. The study of the degree of their assimilation and integration into local society makes it possible to understand what mechanisms and behaviors the settlers used to integrate into a foreign cultural environment and enhance their legal capacity. The community of the four counties represented a multi-ethnic, unique environment in which representatives of different cultures interacted closely – descendants of the English colonists, the local Irish population, as well as Gaels who arrived from an unconquered part of Ireland. Based on charters of English law, lists of patents, lease documents and wills, the author examines the social status and main occupation of different strata of Irish society, determines the degree of their legal capacity. It was established that charters granting access to English common law allowed the Irish to own land, hold secular and ecclesiastical positions, and provided them with full legal equality with the British. The statutes of the Irish Parliament and court documents provide an opportunity to trace the evolution of restrictive legislation and demonstrate how attitudes towards the Irish changed from the 13th to the end of the 15th century. It is proved that as a result of the increase in the number of Gaelic settlers in the peerage since the 14th century. Irish access to the royal courts is severely limited and only the descendants of the Anglo-Norman colonists are given full status. Thus, Irish people of Gaelic origin are being ousted from the English legal field. The author of the article concludes that in determining the legal capacity of the Irish in the era under study, the territorial factor prevailed over the ethnic one.