Robert Cusack (judge)

Robert Cusack (c.1516–1570) was an Irish judge of the sixteenth century, who held office as Baron of the Court of Exchequer (Ireland). He was strongly recommended for the position of Chief Baron of the Irish Exchequer, but was passed ove for the office, though r with a promise of future preferment. His career was cut short by his premature death.

He came from a prominent Anglo-Irish landowning family of the Pale. Although his legitimacy was questionable, as his father in later life denied that he had been lawfully married to his mother, this did not harm him in his career.

Family

He was born at Cussington, County Meath, the eldest son of Sir Thomas Cusack, later Lord Chancellor of Ireland, and his first wife Joan Hussey.[1] His parents' marriage was unhappy and in 1537 it was annulled; Robert's father in later years denied that there had ever been a valid marriage between himself and Joan, and always spoke of his second wife Maud Darcy as his first "lawful" wife. On the other hand, Thomas acknowledged his paternity of Robert and his other children by Joan, and he seems to have treated them generously enough. In the 1550s Robert was living at Lismullen Abbey, which his father had acquired on the Dissolution of the Monasteries, and later he lived at the older family home at Cussington.[2] The John Cusack who died in 1629 and was described as the owner of Cussington was probably Robert's son.

The Cusack family memorial at Trevet, which was erected by Robert's father, Thomas Cusack

Career

He was admitted to the Inner Temple in 1552-3 and later acted as Master of the Revels there. He was called to the Bar, and returned to Ireland to practice law. He became second Baron of the Irish Exchequer in 1561.[3] In 1566 he was appointed one of three members of the Council for the Government of Munster, but was accused of showing too much favour to Gerald FitzGerald, 15th Earl of Desmond. He sat on several Royal Commissions in the 1560s, to survey lands, determine disputed land titles, and to negotiate with the O'Reilly clan. In 1567 with all the other senior judges he was named as one of the lessees of King's Inn.[4] He was granted several wardships, including that of his niece Mary Wise.

His attempt to become Chief Baron

He was a staunch Protestant, at a time when many Irish judges, while publicly adhering to the Church of Ireland, practiced the Roman Catholic faith in private: his supporters called him, no doubt with some exaggeration, "the only Protestant on the Bench". On account of his zeal for the Reformation, Robert was recommended for the office of Chief Baron[5] in 1570, on the death of James Bathe. Robert wrote personally to the Queen's most trusted advisor William Cecil, 1st Baron Burghley, arguing his case for becoming Chief Baron on the grounds of his long and faithful service to the Crown. He had a formidable group of supporters, including Adam Loftus, Archbishop of Dublin, Hugh Brady, Bishop of Meath, and the Queen's cousin Thomas Butler, 10th Earl of Ormonde ;[6] but against their pleas he was passed over by Elizabeth in favour of Sir Lucas Dillon, James Bathe's son-in-law, despite Dillon's known inclination to the Roman Catholic faith.

The Queen however acknowledged that if Dillon had not had the prior claim, she would have given the post to Cusack: for "we hear very good report of him.... and so we would have you inform him that he be not in any way discouraged."[7] He would almost certainly have received further promotion had he not died in the summer of 1570. His father outlived him by a few months.

Marriages and children

He is said by some sources[8] to have entered an underage marriage with Margaret Kiltane, which was annulled. He later married Katherine, daughter of Sir Christopher Nugent, who was a younger son of Richard Nugent, 4th Baron Delvin.[9]

Of his children, who were all by Katherine, various sources[10] refer to six-

  • John (died 1629)
  • Christopher
  • Anne, who married Richard Luttrell, a grandson of Sir Thomas Luttrell
  • Margaret, who married John Plunkett, younger son of the second Baron Louth
  • Genet
  • Catherine, who married Thomas Delafield.

His widow remarried Peter Barnewall, 6th Baron Trimlestown and had further issue by her second marriage.[11]

Robert's sister Catherine Cusack, who married Sir Henry Colley, was the ancestor of the 1st Duke of Wellington.[12]

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References
  1. Ball, F. Elrington The Judges in Ireland 1221-1921 John Murray London 1926 Vol.1 p.209
  2. Ball p.209
  3. Ball p.209
  4. Kenny, Colum King's Inns and the Kingdom of Ireland Irish Academic Press 1992 Dublin p.55
  5. Ball p.209
  6. The Irish Genealogist Vol.5 pp.596-7
  7. Irish Genealogist pp.596-7
  8. The Irish Genealogist Vol. 5 pp. 596-7
  9. Mosley ed. Burke's Peerage 107th Edition Delaware 2003 Vol.3 p.4129
  10. Irish Genealogist pp.596-7
  11. Mosley p.4129
  12. Longford, Elizabeth Wellington- the Years of the Sword Panther Books Edition 1971 p.29
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