Thomas Cusack (Irish judge)
Encyclopedia
Sir Thomas Cusack was an Anglo-Irish judge and statesman of the sixteenth century, who held the offices of Master of the Rolls in Ireland
, Lord Chancellor of Ireland
, and Chancellor of the Exchequer of Ireland. He was one of the most trusted and reliable Crown servants of his time, but had a somewhat turbulent private life. He was an ancestor of the Duke of Wellington
.
, and Alison Wellesley; both parents came from long-established families of the Pale
. Little is known of his life until he entered the Inner Temple
in 1522, and became master of the revels in 1524.
Like most ambitious Irishmen of the time he saw influence with Thomas Cromwell as the path to power;he lobbied successfully for the Irish Chancellorship of the Exchequer, and on payment of ten pounds, received the office in 1533.In 1534 when a vacancy opened on the Court of Common Pleas (Ireland)
,he again lobbied for office with the assistance of his rich cousin Lady Neville who spent £100 in bribes.
Despite the undoubted use of bribery to gain office, Cusack was highly regarded: O'Flanagan praises his practical common sense, ability to discern the truth of any case and his minute attention to detail.He showed no prejudice against Irish-speaking plaintiffs and gained a reputation for integrity and moderation.
, and for his services received the abbey of Lismullen. He entered the Irish House of Commons
and was elected Speaker
in 1541., having been knighted the previous year.The Lord Justice praised him to Cromwell as one who had done faithful and diligent service and cared for nothing but the King's honour.
In 1541 he furnished the King with a Treatise on the gifts of land to be made to his Irish subjects. True to his reputation for impartiality, it urges that the Old Irish be treated as subjects, not enemies, and be given the full benefits of English law.
Having been appointed Keeper of the Great Seal
in 1546, he was in 1551 appointed Lord Chancellor of Ireland by Edward VI on account of his "wisdom, learning, great experience and grave behaviour", and received an increase in salary. His duties were execcutive as well as judicial and he was sent to impose martial law in Connaught, where he showed considerable severity. O'Flanagan states that the judicial business of the Chancellor in his time was largely routine. He was appointed Lord Justice, to govern in the absence of the Lord Deputy, in 1552. With Sir Anthony St. Leger, the strong-minded and turbulent Deputy through much of this period, Cusack unlike many of his colleagues was on excellent terms.
Although Cusack was a strong supporter of the Reformation
, Mary I
on her accession shower him no ill-will : indeed she wrote to him in glowing terms praising the diligent service he had given her brother for which she gave thanks, and continued him in office. He was later however to complain of the expenses he had incurred in her service.
in 1559. He became personally known to Elisabeth I and performed a number of diplomatic missions: he settled a dispute between the Earl of Ormond and the Earl of Desmond
in 1560, and negotiated with Shane O'Neill
.In 1564-5 he showed considerable severity in the pacification of Munster
.He was anxious to resume the Lord Chancellorship and lobbied repeatedly for it: it seems that he was actually promised it in 1563,, but the promise was not fulfilled. He remained a valued member of the Privy Council
, though he often complained that his advice was not listened to.
"Virtue begat me
Piety cherished me
Honour increased me
Skill set me high..
Let long lived renown hand down my days
As Lord Chancellor I administered the laws..".
His second marriage was also controversial since Maud Darcy was rumoured to have had her first husband, James Marward, murdered by Richard Fitzgerald, who she later married. Fitzgerald himself was executed for his part in the Silken Thomas rebellion, whereupon Maud quickly married Cusack. The marriage seems to have been a happy one, and the effigy on their tomb contains a warm tribute by Cusack to his "wife blessed".
After Maud's death Cusack became the fourth husband of the much-married Jenet Sarsfield. Though clearly not a love marriage ( Jenet showed a keen interest in securing as much property as possible ) it seems to have been reasonably happy. However a bitter feud developed between Jenet and her stepson Edward, and Thomas' will, which left Lismullen Abbey to his widow, led to years of litigation.
From Catherine Cusack descended the Colley family who acquired the title Earl of Mornington
, changed their name to Wellesley ( they had Wellesley blood through Thomas Cusack's mother ) and produced the 1st Duke of Wellington.
Master of the Rolls in Ireland
The office of Master of the Rolls in Ireland originated in the office of the keeper of the Rolls in the Irish Chancery and became an office granted by letters patent in 1333. It was abolished in 1924....
, Lord Chancellor of Ireland
Lord Chancellor of Ireland
The office of Lord Chancellor of Ireland was the highest judicial office in Ireland until the establishment of the Irish Free State in 1922. From 1721 to 1801 it was also the highest political office of the Irish Parliament.-13th century:...
, and Chancellor of the Exchequer of Ireland. He was one of the most trusted and reliable Crown servants of his time, but had a somewhat turbulent private life. He was an ancestor of the Duke of Wellington
Duke of Wellington
The Dukedom of Wellington, derived from Wellington in Somerset, is a hereditary title in the senior rank of the Peerage of the United Kingdom. The first holder of the title was Arthur Wellesley, 1st Duke of Wellington , the noted Irish-born career British Army officer and statesman, and...
.
Background and early career
He was the son of John Cusack of Cussington, County MeathMeath
Meath may refer to:*County Meath, Republic of Ireland**Kingdom of Mide, medieval precursor of the county**Meath , in UK and Irish parliaments**Meath GAA, including the intercounty football and hurling teams**Diocese of Meath...
, and Alison Wellesley; both parents came from long-established families of the Pale
The Pale
The Pale or the English Pale , was the part of Ireland that was directly under the control of the English government in the late Middle Ages. It had reduced by the late 15th century to an area along the east coast stretching from Dalkey, south of Dublin, to the garrison town of Dundalk...
. Little is known of his life until he entered the Inner Temple
Inner Temple
The Honourable Society of the Inner Temple, commonly known as Inner Temple, is one of the four Inns of Court in London. To be called to the Bar and practise as a barrister in England and Wales, an individual must belong to one of these Inns...
in 1522, and became master of the revels in 1524.
Like most ambitious Irishmen of the time he saw influence with Thomas Cromwell as the path to power;he lobbied successfully for the Irish Chancellorship of the Exchequer, and on payment of ten pounds, received the office in 1533.In 1534 when a vacancy opened on the Court of Common Pleas (Ireland)
Court of Common Pleas (Ireland)
The Court of Common Pleas was one of the senior courts of common law in Ireland. It was a mirror image of the equivalent court in England...
,he again lobbied for office with the assistance of his rich cousin Lady Neville who spent £100 in bribes.
Despite the undoubted use of bribery to gain office, Cusack was highly regarded: O'Flanagan praises his practical common sense, ability to discern the truth of any case and his minute attention to detail.He showed no prejudice against Irish-speaking plaintiffs and gained a reputation for integrity and moderation.
Politician
Oddly his first term as a judge seems to have lasted little over a year. It is likely that the English Crown, aware of his talents, thought he could be more usefully employed elsewhere.He sat on a commission to inquire into the governance in Ireland, and later on the commission for the Dissolution of the MonasteriesDissolution of the Monasteries
The Dissolution of the Monasteries, sometimes referred to as the Suppression of the Monasteries, was the set of administrative and legal processes between 1536 and 1541 by which Henry VIII disbanded monasteries, priories, convents and friaries in England, Wales and Ireland; appropriated their...
, and for his services received the abbey of Lismullen. He entered the Irish House of Commons
Irish House of Commons
The Irish House of Commons was the lower house of the Parliament of Ireland, that existed from 1297 until 1800. The upper house was the House of Lords...
and was elected Speaker
Speaker (politics)
The term speaker is a title often given to the presiding officer of a deliberative assembly, especially a legislative body. The speaker's official role is to moderate debate, make rulings on procedure, announce the results of votes, and the like. The speaker decides who may speak and has the...
in 1541., having been knighted the previous year.The Lord Justice praised him to Cromwell as one who had done faithful and diligent service and cared for nothing but the King's honour.
In 1541 he furnished the King with a Treatise on the gifts of land to be made to his Irish subjects. True to his reputation for impartiality, it urges that the Old Irish be treated as subjects, not enemies, and be given the full benefits of English law.
Master and Chancellor
In 1542 Cusack became Master of the Rolls, with custody of all records of the Court of Chancery and power to hear suits.He was also Sheriff of Meath and raised troops their for service abroad; he also assisted in the defence of the Pale in 1548.Having been appointed Keeper of the Great Seal
Keeper of the Great Seal
Keeper of the Great Seal can refer to:*Keeper of the Great Seal of Canada*Keeper of the Great Seal of Scotland*Keeper of the Great Seal of the State of Illinois*Keeper of the Great Seal of Wisconsin*Lord Keeper of the Great Seal of England-See also:...
in 1546, he was in 1551 appointed Lord Chancellor of Ireland by Edward VI on account of his "wisdom, learning, great experience and grave behaviour", and received an increase in salary. His duties were execcutive as well as judicial and he was sent to impose martial law in Connaught, where he showed considerable severity. O'Flanagan states that the judicial business of the Chancellor in his time was largely routine. He was appointed Lord Justice, to govern in the absence of the Lord Deputy, in 1552. With Sir Anthony St. Leger, the strong-minded and turbulent Deputy through much of this period, Cusack unlike many of his colleagues was on excellent terms.
Although Cusack was a strong supporter of the Reformation
Reformation
- Movements :* Protestant Reformation, an attempt by Martin Luther to reform the Roman Catholic Church that resulted in a schism, and grew into a wider movement...
, Mary I
Mary I
Mary I or Maria I may refer to:*Maria, Queen of Sicily *Mary, Queen of Hungary *Mary I of England , often called "Bloody Mary"*Mary, Queen of Scots *Mary I of Portugal...
on her accession shower him no ill-will : indeed she wrote to him in glowing terms praising the diligent service he had given her brother for which she gave thanks, and continued him in office. He was later however to complain of the expenses he had incurred in her service.
Last years
After being superseded as Chancellor, he returned to politics and was elected as member of the House of Commons for AthenryAthenry
Athenry is a town in County Galway, Ireland. It lies east of Galway city, and one of the attractions of the town is its medieval castle. The town is also well-known by virtue of the song "The Fields of Athenry".-History:...
in 1559. He became personally known to Elisabeth I and performed a number of diplomatic missions: he settled a dispute between the Earl of Ormond and the Earl of Desmond
Earl of Desmond
The title of Earl of Desmond has been held historically by lords in Ireland, first as a title outside of the peerage system and later as part of the Peerage of Ireland....
in 1560, and negotiated with Shane O'Neill
Shane O'Neill
Seán Ó Néill, anglicised Shane O'Neill , nicknamed 'Seán an díomais', was an Irish king of the O'Neill dynasty of Ulster in the mid 16th century. Shane O'Neill's career was marked by his ambition to be The Ó Néill Mór - Sovereign of the dominant Ó Néill Mór family of Tyrone... and thus head...
.In 1564-5 he showed considerable severity in the pacification of Munster
Munster
Munster is one of the Provinces of Ireland situated in the south of Ireland. In Ancient Ireland, it was one of the fifths ruled by a "king of over-kings" . Following the Norman invasion of Ireland, the ancient kingdoms were shired into a number of counties for administrative and judicial purposes...
.He was anxious to resume the Lord Chancellorship and lobbied repeatedly for it: it seems that he was actually promised it in 1563,, but the promise was not fulfilled. He remained a valued member of the Privy Council
Privy council
A privy council is a body that advises the head of state of a nation, typically, but not always, in the context of a monarchic government. The word "privy" means "private" or "secret"; thus, a privy council was originally a committee of the monarch's closest advisors to give confidential advice on...
, though he often complained that his advice was not listened to.
Death and memorial
Although he complained of constant illness, Cusack in fact lived to be over eighty. He died in 1571 and is buried at Trevet in Meath. A memorial to Cusack and his second wife Maud Darcy was raised in Trevet Church and still exists in fragmentary form.Cusack praises his wife generously but himself even more:"Virtue begat me
Piety cherished me
Honour increased me
Skill set me high..
Let long lived renown hand down my days
As Lord Chancellor I administered the laws..".
Marriages
O'Flanagan's claim that Cusack led a simple domestic life hardly gives the full picture of his private life. His first wife was a distant cousin, Joan Hussey, with whom he had at least three children. In 1537 the marriage was annulled on the grounds of the blood relationship, but it is generally thought that unhappy personal differences caused the end of the marriage. In later years Cusack was accused of inciting his servants to adultery with Joan to give grounds for divorce; while this is probably untrue, it was noted that in later years he refused to admit that there had ever been a marriage, referring to Maud as his first wife.His second marriage was also controversial since Maud Darcy was rumoured to have had her first husband, James Marward, murdered by Richard Fitzgerald, who she later married. Fitzgerald himself was executed for his part in the Silken Thomas rebellion, whereupon Maud quickly married Cusack. The marriage seems to have been a happy one, and the effigy on their tomb contains a warm tribute by Cusack to his "wife blessed".
After Maud's death Cusack became the fourth husband of the much-married Jenet Sarsfield. Though clearly not a love marriage ( Jenet showed a keen interest in securing as much property as possible ) it seems to have been reasonably happy. However a bitter feud developed between Jenet and her stepson Edward, and Thomas' will, which left Lismullen Abbey to his widow, led to years of litigation.
Descendants
By his first wife Thomas had at least three children, of whom one predeceased him. The Trevet effigy states that he and Maud had thirteen children, of whom three seem to have predeceased him. Of at least sixteen children eight can be identified with certainty:- Robert, Baron of the Exchequer, died 1570
- Edward
- John
- Catherine, who married firstly Sir Henry Colley and secondly William Eustace
- Mary, who married Theobald Butler, 1st Baron Cahir
- Alice, who married Sir Christopher Bellew
- Margaret, who married Murrough O'Brien, 4th Baron InchiquinMurrough O'Brien, 4th Baron InchiquinMurrough McMurrough O'Brien was the 4th Baron Inchiquin. He was the son of Murrough McDermot O'Brien, 3rd Baron Inchiquin and Annabelle Nugent...
- Alison, who married Thomas Aylmer.
From Catherine Cusack descended the Colley family who acquired the title Earl of Mornington
Earl of Mornington
Earl of Mornington is a title in the Peerage of Ireland, since 1863 a subsidiary title of the dukedom of Wellington. It was created in 1760 for the Anglo-Irish politician and composer Garret Wellesley, 2nd Baron Mornington. He was made Viscount Wellesley, of Dangan Castle in the County of Meath, at...
, changed their name to Wellesley ( they had Wellesley blood through Thomas Cusack's mother ) and produced the 1st Duke of Wellington.