Walter de Cusack (c.1270- 1334) was an
Anglo-Irish judge, 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 ...
.
[Burke Vol.3 pp. 86-7] They belonged to the leading Anglo-Irish
Cusack
Cusack is an Irish family name of Norman origin, originally from Cussac in Guienne ( Aquitaine), France. The surname died out in England, but is still common in Ireland, where it was imported at the time of the Norman invasion of Ireland in ...
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, ]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 Catho ...
1279-99, was a cousin.
Walter was summoned by King Edward I 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
Eyre may refer to:
Name
*Eyre (given name)
*Eyre (surname)
Places Australia National
*Eyre Highway, a highway connecting South Australia and Western Australia
South Australia
* Eyre Peninsula (disambiguation)
*Eyre, South Australia, a suburb
* ...
(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 monarc ...
, 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 marria ...
, 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 ...
in the final crisis of his reign, which ended with the King's deposition
Deposition may refer to:
* Deposition (law), taking testimony outside of court
* Deposition (politics), the removal of a person of authority from political power
* Deposition (university), a widespread initiation ritual for new students practiced ...
and murder 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 comma ...
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 str ...
, 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. Larg ...
).[ He married secondly, after 1310, Amicia, widow of Nigel le Brun of Roebuck, Dublin, ]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 ...
, which Nigel and Amicia had purchased from Sir Walter de la Haye, 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 Ormon ...
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 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 can ...
. 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 j ...
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 vill ...
, and John Cusack of Belpere.[ His descendants were mainly associated with Cushinstown in County Meath.][ They included Sir Thomas Cusack, Lord Chancellor of Ireland, 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 in the world. It is also the King's Printer.
Cambr ...
1999
Notes
{{DEFAULTSORT:Cusack, Walter de
14th-century Irish judges
People from County Meath
Members of the Parliament of Ireland (pre-1801)
1334 deaths