[Sidenote: and maintains this position against Sussex.]
Six weeks later, the controversy having waxed hot in the meantime, Sidney was more decidedly favourable to Desmond. The Earl's entry into the Decies was indeed not justified by law, but still less was Ormonde's interference justifiable. Both deserved punishment for unlawful assembly, but Desmond's should be the lighter, for that he had better colour of distress than Ormonde of rescue. Desmond had but followed the custom of his ancestors up to the time of the fight, and whoever made the first onset should be answerable for the slaughter. Both Earls should be made to contribute to the support of a Presidency intended to bridle both, and in future to obey, and to make others obey, as if they lived within the Pale. Both should be bound in great sums to stand to the decision of the Governor, Chancellor, and three Chief Justices as to the lands in dispute between them. Sussex, who fortified his argument by many references to Acts of Parliament, urged that Desmond had committed treason by his invasion of Waterford, and that Ormonde in resisting him had done no more, or at least very little more, than became a loyal subject of the Queen.[98] But these statutes were confessedly obsolete, and the Crown had winked at similar irregularities too long and too often to insist on rigid adherence to written law.
Desmond submitted to the Queen to abide her judgment concerning the many treasons, murders, burnings, and other such things objected to him by the Privy Council since he last received pardon. Ormonde did the same, protesting his peaceable intention in entering the Decies. Both Earls entered into recognizances in 20,000_l._ to abide such orders as her Majesty might prescribe. With a view of bridling Desmond, MacCarthy More was created Earl of Clancare, and Sir Owen O'Sullivan received a grant of his country subject to such rents and services as the new-made Earl could prove himself entitled to.[99]
[Sidenote: Sidney will not go to Ireland unless his demands are granted.]
The general voice both of England and Ireland pointed to Sidney as the fittest man to govern. But he knew well that he was more likely to lose a great reputation than to gain fresh laurels, and he determined not to go unless treated fairly. He declined to be responsible for any debts contracted by his predecessors, and required a clear balance-sheet to start with. Stores must be put in decent order, and at least 200 horse and 500 foot given him over and above the usual establishment. Every captain should have the pay of eight dead men borne on the books, so as to enable him to reward deserving soldiers. It was desirable that St. Patrick's should be turned into a military hospital. Dublin Castle, Kilmainham, Leighlin Bridge, and Carlow must be put in repair. The Great Seal should be given to a good English lawyer, and Archbishop Curwen should be suitably provided for in England.[100]