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Walter de Cusack (c.1270- 1334) was an
Anglo-Irish Anglo-Irish people () denotes an ethnic, social and religious grouping who are mostly the descendants and successors of the English Protestant Ascendancy in Ireland. They mostly belong to the Anglican Church of Ireland, which was the establis ...
judge A judge is a person who presides over court proceedings, either alone or as a part of a panel of judges. A judge hears all the witnesses and any other evidence presented by the barristers or solicitors of the case, assesses the credibility an ...
, magnate and military commander of the fourteenth century.Ball pp.61-2 He was a younger son of Sir Andrew Cusack of Gerrardstown,
County Meath County Meath (; gle, Contae na Mí or simply ) is a county in the Eastern and Midland Region of Ireland, within the province of Leinster. It is bordered by Dublin to the southeast, Louth to the northeast, Kildare to the south, Offaly to the sou ...
.Burke Vol.3 pp. 86-7 They belonged to the leading Anglo-Irish Cusack family, who came to
Ireland Ireland ( ; ga, Éire ; Ulster Scots dialect, Ulster-Scots: ) is an island in the Atlantic Ocean, North Atlantic Ocean, in Northwestern Europe, north-western Europe. It is separated from Great Britain to its east by the North Channel (Grea ...
soon after the
Norman Conquest of Ireland The Anglo-Norman invasion of Ireland took place during the late 12th century, when Anglo-Normans gradually conquered and acquired large swathes of land from the Irish, over which the kings of England then claimed sovereignty, all allegedly sanc ...
in the late twelfth century and settled mainly in County Meath. Sir Andrew was a younger son of Geoffrey de Cusack, Lord of Killeen.
Nicholas Cusack Nicholas Cusack (died 5 September 1299) was a thirteenth-century Bishop of Kildare and member of the Franciscan Order. He belonged to a prominent Anglo-Irish family from County Meath, who were tenants in chief to Baron Skryne, and were later base ...
,
Bishop of Kildare The Bishop of Kildare was an episcopal title which took its name after the town of Kildare in County Kildare, Ireland. The title is no longer in use by any of the main Christian churches having been united with other bishoprics. In the Roman Cat ...
1279-99, was a cousin. Walter was summoned by King
Edward I Edward I (17/18 June 1239 – 7 July 1307), also known as Edward Longshanks and the Hammer of the Scots, was King of England and Lord of Ireland from 1272 to 1307. Concurrently, he ruled the duchies of Aquitaine and Gascony as a vassal o ...
for military service in the
First War of Scottish Independence The First War of Scottish Independence was the first of a series of wars between English and Scottish forces. It lasted from the English invasion of Scotland in 1296 until the ''de jure'' restoration of Scottish independence with the Treaty o ...
in 1303 and 1307, and probably on two or three later occasions.Smith pp.146-9 He sat in the Irish Parliament in 1310. He was appointed Chief Justice in Eyre (i.e. Chief
Itinerant justice An eyre or iter, sometimes called a general eyre, was the name of a circuit travelled by an itinerant justice in medieval England (a justice in eyre), or the circuit court over which they presided, or the right of the monarch (or justices acting ...
) in 1308, and was reappointed a justice itinerant in 1310, for
County Dublin "Action to match our speech" , image_map = Island_of_Ireland_location_map_Dublin.svg , map_alt = map showing County Dublin as a small area of darker green on the east coast within the lighter green background of ...
only (the eyre system was quickly being wound down).''Patent Roll 4 Edward II'' There is an interesting instruction in the
Patent Roll The patent rolls (Latin: ''Rotuli litterarum patentium'') are a series of administrative records compiled in the English, British and United Kingdom Chancery, running from 1201 to the present day. Description The patent rolls comprise a register ...
to Walter and his fellow justices to decide cases concerning
real property In English common law, real property, real estate, immovable property or, solely in the US and Canada, realty, is land which is the property of some person and all structures (also called improvements or fixtures) integrated with or affixe ...
according to Irish law rather than English law: this is evidence that the two legal systems were already quite distinct. Shortly afterwards the eyre was cancelled, apparently due to continuing difficulties about which legal system was being used. He served as Deputy
Justiciar of Ireland The chief governor was the senior official in the Dublin Castle administration, which maintained English and British rule in Ireland from the 1170s to 1922. The chief governor was the viceroy of the English monarch (and later the British monarch) ...
, and was a justice of the Justiciar's Court in 1317–18. He was politically a close ally of the Justiciar,
Roger Mortimer, 1st Earl of March Roger Mortimer, 3rd Baron Mortimer of Wigmore, 1st Earl of March (25 April 1287 – 29 November 1330), was an English nobleman and powerful Marcher Lord who gained many estates in the Welsh Marches and Ireland following his advantageous marri ...
, in the years 1316-8, and was steward of his Irish estates.Dodd and Musson p.129 For this reason his loyalty to King
Edward II Edward II (25 April 1284 – 21 September 1327), also called Edward of Caernarfon, was King of England and Lord of Ireland from 1307 until he was deposed in January 1327. The fourth son of Edward I, Edward became the heir apparent to t ...
in the final crisis of his reign, which ended with the King's deposition and
murder Murder is the unlawful killing of another human without justification (jurisprudence), justification or valid excuse (legal), excuse, especially the unlawful killing of another human with malice aforethought. ("The killing of another person wit ...
at Mortimer's hands, has been questioned: he was accused of plotting
treason Treason is the crime of attacking a state authority to which one owes allegiance. This typically includes acts such as participating in a war against one's native country, attempting to overthrow its government, spying on its military, its diplo ...
, but the charges did not stick. He may have seen service during the Scottish Invasion of Ireland of 1315-18, as his son John undoubtedly did. National Archives SC/8/99/4933 About a year after the final defeat of the invasion, John petitioned the Council for compensation for his own and his father's losses in the King's service. The Privy Council, noting that John, but not apparently his father, was present at the
Battle of Faughart The Battle of Faughart (or Battle of Dundalk) was fought on 14 October 1318 between a Hiberno-Norman force led by John de Bermingham (later created 1st Earl of Louth) and Edmund Butler, Earl of Carrick, and a Scottish and Irish army command ...
in October 1318, where
Edward Bruce Edward Bruce, Earl of Carrick ( Norman French: ; mga, Edubard a Briuis; Modern Scottish Gaelic: gd, Eideard or ; – 14 October 1318), was a younger brother of Robert the Bruce, King of Scots. He supported his brother in the 1306–1314 st ...
, the leader of the invading army, was killed, recommended that John be awarded 50 marks (half what he had asked for). He married firstly Matilda, daughter and co- heiress with her sister Isabella (who married Adam, eighth Lord of Howth Lodge '' Peerage of Ireland'' Vol 2) of William Pylate of Pylatestown (now Pelletstown, near
Cabra, Dublin Cabra () is an inner suburb on the northside of Dublin city in Ireland. It is approximately northwest of the city centre, in the administrative area of Dublin City Council. It was commonly known as Cabragh until the early 20th century. Large ...
). He married secondly, after 1310, Amicia, widow of Nigel le Brun of
Roebuck, Dublin Roebuck, also originally known as "Rabuck", is a townland and the name of a former estate in the baronys of Dublin, Uppercross, and Rathdown in Ireland. The townland incorporates roughly all the land in the triangle between Clonskeagh, Dund ...
,
Escheator Escheat is a common law doctrine that transfers the real property of a person who has died without heirs to the crown or state. It serves to ensure that property is not left in "limbo" without recognized ownership. It originally applied to a ...
of Ireland. Through his second marriage he acquired
Knocktopher Knocktopher (historically ''Knocktofer'' and ''Knocktover''; ) is a village in County Kilkenny, Ireland. It is situated on the R713 road between the villages of Stoneyford to the north, and Ballyhale to the south. It was formerly situated on ...
Castle in
County Kilkenny County Kilkenny ( gle, Contae Chill Chainnigh) is a county in Ireland. It is in the province of Leinster and is part of the South-East Region. It is named after the city of Kilkenny. Kilkenny County Council is the local authority for the cou ...
, which Nigel and Amicia had purchased from Sir
Walter de la Haye Sir Walter de la Haye (died after 1309) was an English-born statesman and judge in Ireland of the late thirteenth and early fourteenth centuries, who served for many years as Sheriff of County Waterford and as Chief Escheator, and briefly as Just ...
, the former Justiciar, in 1309. It passed to the
Butler dynasty Butler ( ga, de Buitléir) is the name of a noble family whose members were, for several centuries, prominent in the administration of the Lordship of Ireland and the Kingdom of Ireland. They rose to their highest prominence as Dukes of Ormonde. ...
soon after his death. His marriage to Amicia was technically an offence since it seems that he did not have the King's permission to marry, which was required in the case of a
widow A widow (female) or widower (male) is a person whose spouse has Death, died. Terminology The state of having lost one's spouse to death is termed ''widowhood''. An archaic term for a widow is "relict," literally "someone left over". This word ...
. However, obtaining a
pardon A pardon is a government decision to allow a person to be relieved of some or all of the legal consequences resulting from a criminal conviction. A pardon may be granted before or after conviction for the crime, depending on the laws of the ju ...
for this transgression was easy enough. He died in 1334, leaving issue from his first marriage, including Simon Cusack, Lord of
Dangan Castle Dangan Castle is a former stately home in County Meath, Ireland, which is now in a state of ruin. It is situated by Dangan Church on the Trim Road. The castle is the former seat of the Wesley (Wellesley) family and is located outside the villag ...
, and John Cusack of Belpere. His descendants were mainly associated with Cushinstown in County Meath. They included Sir Thomas Cusack,
Lord Chancellor of Ireland The Lord High Chancellor of Ireland (commonly known as 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 ...
, who died in 1571.Ball pp.200-02


Sources

*Ball, F. Elrington ''The Judges in Ireland 1221-1921'' London John Murray 1926 *''Burke's Landed Gentry of Great Britain and Ireland'' London Henry Colburn 1850 *Dodd, Gwilym and Musson, Anthony, ed. ''The Reign of Edward II: New Perspectives'' York Medieval Press 2006 *Lodge, John ''Peerage of Ireland'' Moore and Co College Green Dublin 1789 *''Patent Rolls Edward II '' *Smith, Brendan ''Colonisation and Conquest in Medieval Ireland: The English in Louth 1170-1330''
Cambridge University Press Cambridge University Press is the university press of the University of Cambridge. Granted letters patent by Henry VIII of England, King Henry VIII in 1534, it is the oldest university press A university press is an academic publishing hou ...
1999


Notes

{{DEFAULTSORT:Cusack, Walter de 14th-century Irish judges People from County Meath Members of the Parliament of Ireland (pre-1801) 1334 deaths