It is probable that neither Cusack's intercession nor Desmond's promises would have prevailed, had not the Earl's enforced absence left Munster in confusion. A dispute about the title to Kilfeacle was one difficulty, and the legal question cannot have been very hard to decide. But Desmond may have distrusted the impartiality of lawyers rather than the justice of his cause, and he preferred the old way of deciding lawsuits. His brother John spoiled the Butlers, while Ormonde, who was forbidden to retaliate, poured forth his griefs to Sussex. With just pride he dilated upon the loyalty of his ancestors, who had always been able to defend themselves, and to take and keep the Desmond's goods. His own services were not small, but for fear of disobeying orders he had to stand by, while he and his suffered more in two or three years than his forefathers had in two centuries. Towns were burned, women and children murdered, half Kilkenny and Tipperary lay waste. 'All this spoil, I assure your lordship, doth not so much grieve me as that the Earl of Desmond with his evil doings is like to speed as well as I that with my service have deserved at least to be restored to my own.' In trying to defend his property, Ormonde's brother John had been dangerously, if not mortally wounded. The Earl was forced to see all this, and do nothing. 'My lord, you see what I get by sufferance; my brother left as dead, and mine enemies living upon the spoil of my goods. My lord, who shall render my brother his life if he die? Shall I live and suffer all this? If I may not avenge my brother on these disobedient Geraldines, as you are a just governor lend your force against them, and let not my obedience be the cause of my destruction.' He begged that in case of Desmond being sent back to Ireland, he might at least be detained in Dublin until restitution should be made, and the rebels delivered to Sussex to be 'justified.' Ormonde threw out the significant hint that, failing this, he would leave his estate to take care of itself, and go to the Queen, 'like some other private men.'[74] [Sidenote: Desmond is restored.] Desmond's head was in the lion's mouth, and he professed loyalty, while doubting the capacity of the Munster chiefs for civil life. If he was expected to do anything he must have guns and gunners to take castles, and have the right to arrest malefactors in the corporate towns. The Queen was silent on these points, but urged Desmond to put down private war, 'which hurts the innocent, to the great displeasure of Almighty God, and to our dishonour, whereof we pray you to have due regard.' She ordered him to wait at Dublin for Cusack, whose help he had himself asked. 'The Queen's sword,' she said, 'shall touch the guilty, and no other shall be drawn.' Brave words! but much belied by facts.[75] FOOTNOTES: