Life of Chancellor Cusack - concluded.

CHAPTER XVI.

Life Of Lord Chancellor Cusack - Concluded. **

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On the accession of King Edward VI., Sir Thomas Cusack, Knight, Master of the Rolls, was one of the Commissioners named in the King’s letters patent, to dispose of St. Patrick’s Cathedral and its appendages. The other Commissioners were the Lord Deputy, Lord Chancellor, Sir John Alan, the Vice-treasurer, the Chief Justice of the Common Pleas, and the Chief Baron. Among various matters to be enquired into was the following: - ‘And, as touchinge the dysposition of the said Cathedrall Church of Saint Patrykes, oure minde and pleasure ys, that our said Commissioners shall appoint and sorte one part, or portion thereof, for the ministration of our lawes, and other our Courtes, then to be holden and kepte as to there descretyons shall be thought meate and sufficient for the same.’

This was resolved upon, and, in 1548, [Dyer’s Report.] the Judges sat in the Cathedral during the sittings in and out of Term, and the Courts were held therein until its restoration.

On the removal of Lord Chancellor Reade, King Edward VI. by warrant under the Privy Seal, dated at Windsor, August 5, 1551, ‘having been well informed of the wisdom, learning, good experience, and grave behaviour of Sir Thomas Cusack, appointed him Lord Chancellor.’ Sir Thomas had, on a former occasion of the absence of the Lord Chancellor, been intrusted with the custody of the Great Seal. [Windsor, August 5, 1551.]

The stipend of the Chancellor was insufficient to maintain the dignity of so high and important an official. In looking over the patents of several, I find various sums allowed in addition. The ordinary mode of payment was to grant a certain sum, usually 100 marks sterling out of the customs of boroughs, Dublin, Drogheda, and Dundalk; and if this was too inconsiderable, then a larger grant was given. Thus Sir John Alan, besides 100 marks, received 6s. 8d. sterling a day; and when Sir Thomas Cusack was appointed Chancellor, ‘in consideration’ of his diligent, faithful, and chargeable service, his Majesty added 100l. a-year to his present allowance, to begin at Christmas next, and directed the Treasurer, by letters dated at Westminster, November 2, 1551, to pay the same.

About this time there was an effort made to place the Irish records in security. The state in which they were kept and the necessity for their removal, is fully shown in the order made by the Lord Deputy, Sir James Crofte, and Council of Ireland, on November 11, 1551:-

‘Whereas on being informed by the Lord Chancellor (Cusack) and Master of the Rolls (P. Barnewall) that there is no place certain or convenient for the safe guard of the King’s Majesty’s records and muniments of his Highnesses’ Chancery of this his Grace’s realm of Ireland other than the Tower within his Majesty’s Castle of Dublin, which is both ruinous and far distant from the late Cathedral Church of St. Patrick’s, where his Highness’s Courts be now kept, which is not a place meet for the daily resort of his Majesty’s officers, and others his Grace’s subjects, having charge or occasion to have the order, sight or copies of any of them as shall appertain, through which the losses of the said records and muniments, besides other inconveniences, have and may well ensue; and for that the late library of the said late Cathedral Church is a meet and sure place for the safeguard and custody of said records and muniments near unto said Courts, whereunto his Majesty’s said officers having charge, and others his Highness’s subjects, upon honest occasion, may, from time to time, conveniently resort; we order and appoint that the said late library be the place for the safe keeping of such of the said records and muniments as shall be kept out of the said tower of his Highness’s said Castle of Dublin; and all such of the said records and muniments as shall be out of the said tower shall be put and safely kept in the said library; and that you, the Clerk of the Hanaper of his Majesty’s Chancery for the time being, shall provide and foresee that presses, or stages, chests, windows, doors, locks, and other necessaries shall be provided, furnished, and made, as well in and for said library as the said tower of the Castle for the safegard, sure keeping, and good ordering of the said records and muniments from time to time. And this our order, with your account of your disbursements about the same, upon your account of revenues and profits coming and growing of his Highness’s said Hanaper, to be made before the Barons of his Grace’s Exchequer of this said realm, shall be your sufficient warrant and discharge in that behalf.’

By letter dated from Westminster, November 7, 1552, King Edward VI. appointed Lord Chancellor Cusack and Sir Gerald Aylmer, Chief Justice of the King’s Bench, to supply and jointly occupy the place of Lord Justice in the Government of Ireland during the absence of Sir James Crofte, the Lord Deputy. [Pat. Roll in Canc. Hib. Temp. Edw. VI.] They were elected accordingly, and letters patent made out, sealed, and delivered to them under the Great Seal, and then took the oath prescribed.

[Oath of office taken by Lord Justice: ‘Ye shall swere that ye shall faithfullie and trulie to your power serve our Soverayne Lord the King in the rowlme and authoritie of Lord Justice and Governor of this his Grace’s realm, Ireland, and inespeciallie ye shall maintain and defende the lawes of God and the Christian faith; and as farre as the King’s laws do or shall permit the usages, rites, ceremonies, and liberties of hoolie Church; and ye shall likewise to your power not oonelie keepe the King’s peas among his peple, but also meyntane the King’s officers and ministers in the execution and admynistration of justice, and defende the King’s garysons, castels, dominions, people, and subjects of the same realme, and repress the King’s rebells and enemyes. Ye shall not consent to the damage or disherison of the King, his heirs, ne successors; neyther ye shall not suifre the rightes of the crown to be destroyed in any waie, but ye shall let it to your power; and if ye can not let the same, ye shall certifie the King clearly and expressedlie thereof; further ye shall give your true and faithful counsaill for the King’s profiete and the King’s counsail ye shall conceale and keepe, and all other things for the preservation of this his realm of Ireland, and the pease among his people, and execution of justice according to his Grace’s laws, usages and customs of the realm, ye shall perform and do to your power. So God you helpe, all Saints and Holy Evangelystes.’

We have the amount paid to Lords Justices from the following record:

‘Whereas upon the departure of Sir James Crofte, Lord Deputy, into England, it pleased our Lord, Edward VI., by His Grace’s letters patent, to appoint Sir Thomas Cusack, Chancellor, and Sir Gerald Aylmer, Chief Justice of His Grace’s Bench, to be Lords Justices, and to have the charge and government of the realm; by virtue whereof, and upon the election of the Lords and nobility, according to ancient custom, they were sworn the 4th of December in the sixth year of Edward VI., wherein they continued to the 19th of November last, being the first year of our most gracious Sovereign Lady Mary the First; and forasmuch as our Sovereign Lady tendering their travail and service, and minding to recompense these charges sustained in that behalf, by Her Grace’s letters, hither directed, dated 14th December last, willed us to appoint such allowance to the same Justices as we should think meet; whereupon, pondering as well Her Majesty’s pleasure as the travail, care, and pains of the said Sir Thomas Cusack, besides the extreme charges sustained by him, for which, as appeared by divers evident circumstances, he is much indebted to sundry persons, who lent him several sums of money for his furniture, in the said office; and as it also appeared unto us that others here, in the same room and office, heretofore, were allowed one hundred marks monthly, their burthen not being then so onerous and chargeable; it is condescended and agreed by us, the Lord Deputy and Council, that the same Sir Thomas should have, by way of reward and in recompense towards his charges, which were little in comparison of his other pains, the sum of 200l. sterling; and for that also it appeareth by declaration of such money as Sir Thomas in the said office laid out in rewards and recompense of service done by divers gentlemen and captains of this country, and sithens his departure that he has defrayed to His Majesty’s use the sum of 1,076l. - grant him the same.’

By this, the money was divided, 200l. for Mr. Justice Aylmer, and 1,076l. for Sir Thomas .Cusack, Lord Chancellor. [Pat. Rot. in Cane. Hib. 1 Mary.]]

Matters pending for decision, before the Chancellor were not always questions of law or equity. In 1553 a suit was depending, wherein Shane O’Ferrall, Faghery McTeige O’Ferrall, and Hubert McTerras, contended for the captainship and rule of the country of Mysoreone; which having been submitted to the decision of Thomas Cusack, Chancellor, and Gerald Aylmer, Chief Justice, they decided that Shane O’Ferrall, as well on account of his dignity as by the ancient custom of the country, should be captain and governor, together with ‘Callaghe and Clomalle,’ by the name of O’Ferrall Buy, in as ample a manner as his ancestors enjoyed that dignity. This decision was confirmed by the Lord Deputy and’ Council. [Pat. Rot, in Canc. Hib. 1 Mary 1553.]

During the short reign of Edward VI. there are not above fifty-two decisions of the Court of Chancery enrolled, but more might have been made. The suits then instituted were chiefly for obtaining quiet possession of land and premises, bills to perpetuate testimony, and for account.

On the coronation of Queen Mary, the following clause was inserted in her Majesty’s instructions for Ireland:- ‘And whereas we have given and openly published the day of our coronation to our good and loving subjects of England our free and general pardon, our pleasure is that you, Our Deputy and Council, shall give in our name the like general pardon to all our loving subjects of Ireland, to the intent that they whom we account our natural subjects, no less than our subjects of England, may taste also of our clemency, and thereby be the more moved to acknowledge their duties towards us, which pardon we will shall be free and take effect without payment of any money. [Ibid.]

‘Dated at Westminster, October 4th, 155.’ **

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On Sunday, November 10, in the first year of Queen Mary, Sir Anthony St. Leger, once more Lord Deputy of Ireland, took the oath of office in the Cathedral of Holy Trinity, before Sir Thomas Cusack, Lord Chancellor, who swore him duly to execute the office of Deputy, so long as he should continue therein, by letters patent of the Queen; which letters were then, according to custom, read aloud and delivered to the Lord Deputy. [Ibid.] We may be well assured he was welcome to the Chancellor and the Irish nation, who remembered the kind rule of the Viceroy during his former residence in the country.

In 1553, King Philip and Queen Mary addressed a letter to the Lord Deputy, Sir Thomas Cusack, Chancellor, and the Council of Ireland, desiring them ‘for the glory of God and advancement of his service and true worde, to review and restore the Cathedral Church and Chapter of St. Patrick to its pristine state. To make out letters patent of presentation to the several persons named in their Majesties warrant.’

During the reign of Philip and Mary, I find about a hundred decrees of the Court of Chancery in Ireland enrolled. The subject-matter of these suits presents nothing very peculiar, being for rights withheld or wrongs committed, and redress was sought in the Court of Equity in preference to the Courts of Common Law. Bills praying account:- for injunctions; to perpetuate testimony; complaints, for breaches of trust; and similar causes of action, form the basis for the Chancellor’s decrees.

I find from a patent under the Privy Seal, dated at Westminster, December 14, 1553, in the reign of Queen Mary, that Sir Thomas Cusack again filled the office of Lord Justice. His conduct must have been discreet to please all parties; and, as evidence of the tact with which he trimmed his sails in the tempestuous sea that surged in his time, I give the following tribute from Queen Mary, dated Westminster, December 14, 1553: [Pat. Roll in Canc. Hib. Temp. 1 Mary.]

‘We have received advertisement and good report from our Deputy, and others in our Council of that realm, of your good behaviour, industry, and diligent service exhibited unto us, and our dear brother King Edward VI. (whose soul God pardon), as well in your own office as supplying the room of our Deputy during the absence of the same, for which we yield unto you our right hearty thanks; and like as we have noted sufficient of your good perseveration and continuance, so shall ye find us, your good Lady, mindful and inclined to regard you and your said service, to your comfort; letting you wit, that at this present, by our letters addressed, to our Lord Deputy, we have given order that, by his discretion and the rest, ye shall be reasonably considered for your entertainment in respect of your travel and charge sustained in our service; not doubting but our said Deputy will ensure our pleasure therein as appertaineth.’

It was very well for those who profited by the dissolution of monasteries, and held grants of the Church lands from Henry VIII. and his son, that Sir Thomas Cusack was Lord Chancellor. Had that office been filled by one less capable of maintaining firmness amid the mutations of religions, politics, and laws, these grants would have been of little avail to secure these properties. But throughout the reign of Queen Mary there was no attempt made to disturb the existing state of things. Even the grant of the Dominican monastery, to be used as the King’s Inns, was respected, though the friars of this order were then, as now, in the highest repute for their piety and learning. The country was progressing in general prosperity. Professional talent was in great demand. Commercial enterprise and energy were developed, and manufacturing skill employed. The attention of various eminent men was directed to remove the disabilities which pressed upon the natives of the country, for as yet the greater part of Ireland was denied the advantages of the English Constitution. Patrick Finglass, who was Chief Baron of the Exchequer in the time of Henry VIII., and, in 1534, made Chief Justice of the King’s Bench, wrote a treatise on the causes of the calamities of Ireland, which he called ‘A Breviate of the Getting of Ireland, and of the Decay of the same.’ Sir William D’Arcy also, a man of wisdom and virtue, who did great service to the English interest in Ireland, wrote on the same subject; and Sir Thomas Cusack addressed to the Duke of Northumberland a long epistle on the state of this kingdom, dated May 8, 1552.

In Holinshed’s Chronicle is a graphic account of the civic festivities which were kept up in Dublin in the year 1554. It affords so complete a picture of the habits of the age, that I give the account as in the old chronicle. It certainly speaks well of the flourishing condition of the Mayor, who could afford to keep this state so expensively:- ‘The hospitalitie of the Maior, [In the year 1554 Patrick Sarsfield was Mayor. Of Norman extraction originally, the Sarsfield, or Scarcefield, as the name is sometimes written, were among the early English colonists in Ireland, and soon rose to the highest civic dignities, filling the office of Mayor of Dublin in the years 1531, 1554, and 1566. The renowned Sarsfield, Earl of Lucan, was descended from this stock, and the liberal manner in which his namesake filled the civic chair may be judged from the dialogue given in the work from which I have already quoted.

One of his friends towards the close of his year of office asking what he thought all hit expenses for that year amounted to, received the following reply.

‘Trulie James,’ quoth Maister Scarsfield, ‘I take between me and God, when I entered into mine office, the last saint Hierome his day (which is the morrow of Michaelmasse, on which daie the Maior taketh his oth before the Chiefe baron, at the excheker, within the Castell of Dublin), I had three barnes well stored and thwackt with corne, and I assured my selfe, that anie one of these three had been sufficient to have stored mine house with bread, ale, and beere for this yeare. And now, God and good companie be thanked, I stand in doubt whether I shall rub out my maioraltie with my third barne, which is well nigh with my yeare ended. And yet nothing smiteth me so much at the heart, as that the knot of good fellowes that you see here (he ment the serjeants and officers) are readie to flit from me and make their next yeares abode with the next maior. And certas I am so much wedded to good fellowship, as if I could mainteine mine house to my contentation with defraieng of five hundred pounds yearelie; I would make humble sute to the citizens, to be their officer these three years to come.’ - Holinshed’s Chronicle, vol. vi. p. 100.

His cellar was as much resorted to as his barns. During his years he spent ‘twentie tuns of claret wine, over and above white wine, sacke, malmseie, muscadell,’ &c. In these times, so different from ours, hospitality in Dublin was on a generous scale. The habits of the people, especially their hours of rising, were very dissimilar. Men and women! rose at five o’clock! breakfasted when they rose, and dined at ten or twelve, supped at six and went to rest at nine.] and the Sheriffes for the year being, is so large and bountifull, that soothlie (London fore priced) very few such officers under the crowne of Englande keepe so great a port (state), none, I am sure, greater. The major over the number of officers that take their dailie repast at his table, keepeth for his year in manor open house. And albeit, in terme time, his house is frequented as well of the nobilitie as of other potentates of great calling, yet his ordinarie is so good, that a verie few set feasts are provided for them. They that spend least in their maioraltie (as those of credit, yea and such as bare the office have informed me), make an ordinarie account of five hundred pounds for their viand and diet that yeare, which is no small summe to be bestowed in housekeeping, namlie when wittles are so good, cheape, and the presents of friends diverse and sundrie.’

The Chancellor was not behind the fashion of the age, his buttery and cellars were well stocked, and his good cheer allured many guests. The worthy Mayor, Sarsfield, was once expostulated with by some close-fisted miser, for his ‘lavishing and outrageous expenses,’ as they termed it. He replied, ‘Tush, my maisters, take not the matter so hot: whoso commeth to my table, and hath no need of my meat, I know he cometh for the good will he beareth me; and therefore I am beholding to thanke him for his companie: if he resort for need, how maie I bestow my goods better than in relieving the poor? If you had perceived me so far behind hand as that I had been like to have brought haddocke to paddocke, I would patientlie permit you both largelie to controll me and friendlie to reprove me. But so long as I cut so large things of my owne leather, as that I am not yet come to my buckle, and during the time I keepe myself so farre aflote as that I have as much water as my ship draweth, I praie pardon to be liberal in spending, sith God of his goodnesse is gratious in sending.’ [Holinshed’s Chronicle, vol. vi.]

I find mention made of Robert and Walter Cusack as keeping great state; ‘but indeed,’ adds the old writer, ‘the greater part of the citie is generallie addicted to such ordinarie and standing houses, as it would make a man muse which waie they are able to beare it out, but onlie by the goodnesse of God, which is the upholder and furtherer of hospitalitie.’ The zeal and care which the citizens of Dublin now manifest for the poor, is the continuation of the ancient alms hourly extended, to the distressed. On each Wednesday and Friday there were ‘fair-like markets’ held; shambles well stored with meat, and markets with corn. The poor debtors and other prisoners were kept in Newgate and the Castle; these were constantly relieved by the citizens, who also attended to the sick in the hospitals and beggars in the streets. Any document which throws light upon the manners and customs of this remote age is deserving of being preserved and made known.

I have now traced the life of Sir Thomas Cusack through the various stages of his career, from his first judicial appointment of Justice of the Court of Common Pleas, then Master of the Rolls, to that of Lord Chancellor, and also Lord Justice; in all which high stations he was one on whom the English Government could always rely. The Great Seal was held by Sir William Fitz William, as Lord Keeper, for a few months, in 1555, when it was delivered to Archbishop Curwen, who held it sometimes by patent as Lord Keeper, and sometimes as Chancellor, for twelve years. [In the order of his highest judicial appointment Sir Thomas Cusack much resembled the late distinguished Irish Lord Chancellor, Francis Blackburne, obit. 1866.]

Although Sir Thorn as Cusack does not appear to have taken a very active part in the Irish Government after he ceased to be Chancellor, we find his name occasionally in commissions for gaol delivery in various parts of Ireland; [Pat. Roll in Canc. Hib. 2 Eliz.] also for the government of the English Pale (Dublin, Meath Kildare, Louth and West Meath), during the absence of the Lord-Lieutenant. That he possessed the confidence of Queen Elizabeth’s Government, and was also trusted by the Irish, may be inferred from letters patent for the restitution of Shane O’Neil, son of Con, late Earl of Tyrone, to her Majesty’s favour; stating this was at the intercession of Sir Thomas Cusack. [3rd Eliz. Id. 6 Eliz.]

In the treaty between the Earl of Desmond and Queen Elizabeth, the Earl was ‘bound to repair to Dublin in the company of Sir Thomas Cusack, and there remain until he shall have license to depart for his own country.’

Some of the conditions and stipulations of this treaty display the state of the country at this time, A.D. 1563.

[That all Irish laws called Brehon laws should be abolished within those shires; and the Earl and the Lords should be bound in penalties for the performance of this condition. And as no small enormities occur by the continual recourse of idle men of lewd demeanor called rhymers, bards, and dice players, called carroghes, [There is amongst them Carroghes that play cards all the year round and make it their only occupation. - Camp. Ir. 1809.] who under pretence of their travail, bring privy intelligence between the malefactors inhabiting these shires, to the great destruction of all true subjects, care should be taken that none of these sects, nor other evil persons, be suffered to travel within these rules, and that proclamation be made, that whosoever should maintain any such idle men within these territories, should pay such fines as the President or Commissioners should think fit. And as those rhymers, by their ditties and rhymes, made for divers Lords and gentlemen in Ireland, in commendation and high praise of extorsion, rebellion, rape, rapine and other injustice, encourage these Lords rather to follow those vices than to abandon them, and for the making of such rhymes rewards are given by the gentlemen; for the abolition of so heinous an abuse, order should be taken with the said Earl, the Lords and gentlemen, that henceforth they do not give any manner of reward for any such lewd rhymes, under pain of forfeiting double the sum they should so pay, and that the rhymer should be fined according to the discretion of the Commissioners. [Pat. Roll in Canc. Hib. 6 Eliz.]]

Sir Thomas did not meddle much in the troubled times which Ireland witnessed during the reign of Queen Elizabeth, and was gratified at seeing his place on the judicial bench taken by his son, Robert Cusack, Chief Baron of the Exchequer. He died at his country-seat, in the county of Meath, in 1571, and was buried at Tryvett, or Trevett, near Dunshaughlin, where in ancient times there was a monastery and a considerable town, now dwindled to a small hamlet. **

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NOTE.

The name of Cusack has since been an honoured one in the legal records of Ireland. In the year 1671 Adam Cusack was Chief Justice of Connaught, and afterwards a Judge of the Common Pleas Sir Michael Cusack-Smith, Master of the Rolls in Ireland from 1801 to 1806. His son, Sir William Cusack Smith, Bart., was Baron of the Exchequer, whose son, the late Right Hon. Thomas Berry Cusack Smith, likewise filled the high judicial office of Master of the Rolls for twenty years, from 1846 to 1866. A talented and justly respected member of the House of Cusack, Ralph Smith Cusack, Esq., Barrister, is the courteous and attentive Clerk of the Crown and Hanaper in Ireland. Another member of the family of Cusack must not be forgotten, Mary Frances Cusack, a nun in the St. Clare Convent, Kenmare; author of several excellent works, one of them the ‘Illustrated History of Ireland.’ In a highly complimentary poem addressed to this lady by D. F. MacCarthy, our most popular poet, he thus refers to this valuable work:-

Here is Clontarfs ‘ware trampled’ strand;

Here the Milesian chieftains’ land;

Here flashes out O’Neill’s red Hand;

Here fought the famed Red Hugh;

Here, loving man and fearing God,

In green Tyrone O’Hagan trod,

Like him who now doth bear the rod, *

The upright and the true.

• The Chancellor’s mace, now borne before the Right Hon. Lord O’Hagan Lord Chancellor of Ireland. His talented sister Mary is Superioress of the St. Clare Convent, Kenmare, in which Miss Cusack is one of the nuns.

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