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