[Sidenote: The Queen's anger. The Earls are summoned to England.]
[Sidenote: Ormonde charges his rival with high treason.]
The battle or skirmish at Affane seems to have been the last on English or Irish ground in which two noblemen without any commission made private war upon each other. Sir Maurice Fitzgerald says that banners were displayed on Desmond's side, and that Ormonde 'staying still at the beginning of the conflict, did suddenly put up a thing of red silk upon a staff.' It was probably intended as a rallying point for his men, but Ormonde himself denied that a flag had been displayed. The Queen had declared that no sword but hers should be drawn, and angrily summoned the two Earls to her presence. Both letters are guarded in expression, but that to Desmond is rather the more severe of the two. With the consideration which she often showed to old and tried servants, she wrote very graciously to Cusack, the failure of whose policy was now apparent to all. 'He had done his best,' she said, 'but the enmity between the two Earls was greater and deeplier rooted than could be reformed by any but her own princely directions.' Arnold came to Waterford soon after the arrival of Ormonde and his prisoner, and interrogatories were administered to the persons principally concerned. To do the legal business, the Lord Justice took with him Mr. Justice Plunkett, who was married to Kildare's daughter, and thus, in the language of the country, 'ajainte and follower to the garontynes.' Sir George Stanley, Marshal of the Army, who had no reason to love Arnold, declared that it was as much as he could do to prevent the Lord Justice from prejudging the case in a sense unfavourable to Ormonde. Arnold began by demanding the custody of the prisoner, as no doubt he had a right to do; but he did it in such a way as to make it appear a slight to the captor, who demanded an order in writing. At last he was promised a copy of the entry in the Council Book, and he then brought Desmond himself. 'My Lord Justice,' he said, 'hither have I brought to you my Lord of Desmond, according to your straight commandment given me, which in no way I meant to disobey. And I deliver him unto you as the Queen's Majesty's prisoner, being taken in the field by me with his banner displayed, burning and spoiling the Queen's Majesty's good subjects within shire ground, with sundry traitors in his company.' He then charged him with high treason, and earnestly besought that he might be kept securely, and not allowed to communicate with anyone till the Queen's pleasure should be known. 'And seeing,' he continued, 'you have thus taken him from me, if men's mouths be stopped, as I fear they will, and by means thereof some part of his heinous treason come not to light, I trust therein I shall be discharged to her Majesty.' The policy of isolating Desmond had indeed been approved at the Council table, but Arnold nevertheless allowed all men free access to him. The Council were inclined to have the interrogatories administered to the two Earls answered by counsel, but Stanley refused to agree to this on the technical ground that Desmond was accused of treason. In law he was right, but morally wrong, and had Arnold dealt the same measure to both sides, little could have been said against him. But Ormonde was required to answer at once in his own person, while Desmond was allowed several days, during which he had answers drawn in writing by a lawyer. Stanley again objecting, the Lord Justice told him that he was a wilful man, and affectioned to my Lord of Ormonde. But Vice-Treasurer Fitzwilliam, who had some experience of Desmond and his doings, took exactly the same view as Stanley. 'So good an offer given of God, and so overthrown, I will not judge too far, hath not lightly been seen, but 20,000_l._ will not buy out that which (if he had been honourably kept, so it had been with restraint from common speech) might have been had.' Arnold stayed seven weeks at Waterford without much furthering the business, and Ormonde soon went to England. Desmond, accompanied by MacCarthy More and O'Sullivan Beare, was sent over in the custody of Captain Heron, who records that his distinguished prisoner was very sea-sick. Arnold borrowed 200 marks to defray expenses, but Heron, writing from Liverpool for orders, complained that he was not furnished with money. The Earl's long halt at Chester may have been caused less by sickness and fatigue than by a wish to hear the last news from Ireland. The Queen wrote strongly to Lords Roche, Barrymore, Power, and Dunboyne, urging them to maintain order during Desmond's absence, and the amiable Cusack doubtless felt that under his skilful management all would still go merry as a marriage bell.[92]