Over the century

Over the century that followed, Norman feudal law gradually replaced the Gaelic Brehon Law so that by the late 13th century the Norman-Irish had established a feudal system throughout much of Ireland. Norman settlements were characterised by the establishment of baronies, manors, towns and the seeds of the modern county system. A version of the Magna Carta (the Great Charter of Ireland), substituting Dublin for London and Irish Church for Church of England, was published in 1216 and the Parliament of Ireland was founded in 1297.

However, from the mid-14th century, after the Black Death, Norman settlements in Ireland went into a period of decline. The Norman rulers and the Gaelic Irish elites intermarried and the areas under Norman rule became Gaelicised. In some parts, a hybrid Hiberno-Norman culture emerged. In response, the Irish parliament passed the Statutes of Kilkenny in 1367. These were a set of laws designed to prevent the assimilation of the Normans into Irish society by requiring English subjects in Ireland to speak English, follow English customs and abide by English law.[33] However, by the end of the 15th century central English authority in Ireland had all but disappeared and a renewed Irish culture and language, albeit with Norman influences, was dominant again. English Crown control remained relatively unshaken in an amorphous foothold around Dublin known as The Pale and under the provisions of Poynings' Law of 1494, the Irish Parliamentary legislation was subject to the approval of the English Parliament.

English rule of law was reinforced and expanded, in the 16th century leading to the Tudor conquest of Ireland. A near complete conquest was achieved by the turn of the 17th century following the Nine Years' War and the Flight of the Earls. This control was further consolidated during the wars and conflicts of the 17th century, which witnessed English and Scottish colonisation in the Plantations of Ireland, the Wars of the Three Kingdoms and the Williamite War. Irish losses during the Wars of the three Kingdoms (which, in Ireland, included the Irish Confederacy and the Cromwellian conquest of Ireland) are estimated to include 20,000 battlefield casualties. 200,000 civilians are estimated to have died as a result of a combination of war-related famine, displacement, guerilla activity and pestilence over the duration of the war. A further 50,000[Note 2] were sent to slavery in the West Indies. Some historians estimate that as much as half of the pre-war population of Ireland may have died as a result of the conflict.[36]

The religious struggles of the 17th century left a deep sectarian division in Ireland. Religious allegiance now determined the perception in law of loyalty to the Irish King and Parliament. After the passing of the Test Act 1672, and with the victory of the forces of the dual monarchy of William and Mary over the Jacobites, Roman Catholics and nonconforming Protestant Dissenters were barred from sitting as members in the Irish Parliament. Under the emerging penal laws, recusant Irish Roman Catholics and Dissenters were increasingly deprived of various and sundry civil rights even to the ownership of hereditary property. Additional regressive punitive legislation followed 1703, 1709 and 1728. This completed a comprehensive systemic effort to materially disadvantage Roman Catholics and Protestant Dissenters, while enriching a new ruling class of Anglican conformists.[37] The new Anglo-Irish ruling class became known as the Protestant Ascendancy.

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