[91] The official correspondence about this affray is among the S.P., _Ireland_, Eliz., vol. xii. It is printed in the _Irish Arch. Journal_, 3rd series, i. 394. Russell, the _Four Masters_, O'Daly, and O'Sullivan Beare all say Desmond was outnumbered, and Ormonde treacherous. I see no reason to believe either statement. Desmond's own account is certainly incorrect. Lord Power's is unfortunately missing. The best is Sir George Stanley's, who took the trouble to visit the place, and to make a sketch or plan; he is perhaps rather partial to Ormonde. The 'ford' of Affane was perhaps that over the tributary river Finisk. I have inspected the ground carefully. The Blackwater itself is mentioned by Desmond as being passable only by swimming or in boats. It is, on the other hand, generally believed that the ford in question was over the great river, and arms and spurs have been found near the bank. The Finisk, however, was on Ormonde's direct road to Dromana, and the Blackwater was not. [92] Sir George Stanley and Sir W. Fitzwilliam to Cecil, April 3, 1565; Cusack to same, April 22; Lord Justice and Council to the Privy Council, April 23; Captain Nicholas Heron to the same, April 27. [93] Fitzwilliam to Cecil, May 17, 1565. The fight was on May 2. [94] Shane O'Neill to the Lord Justice, May 2; Gerot Fleming to Cusack, June (No. 82). [95] Fitzwilliam to Cecil, June 8, July 13, and Aug. 23; Gerot Fleming to Cusack, already cited. Sir Henry Sidney's articles for Ireland, May 20, 1565. [96] Answers of Sir H. Radclyffe, F. Agarde, and the Earl of Sussex, Aug. 8, 1565. Fitzwilliam and Stanley generally supported Sussex. Arnold, Cusack, and Sidney inclined to Leicester's side. [97] Answer of Sir H. Sidney, Aug. 8, 1565. [98] Sir H. Sidney's simple opinion, Sept. 16, 1565; Opinion of the Earl of Sussex, Sept. 22. The twenty-seventh clause of the Statute of Kilkenny seems to the point:--'Item ordonne est que si debate soit entre Englois et Englois par quoi les Englois dune parte et daultre ceillent a eux Englois et Irrois en pais illeque a demourer pour guerre et greves aultre a grande domage al destruction de liege pouple du Roy, Accorde est et assentu que nule Englois soit si hardide mener guerre entre autre damener nuls Englois ny Irrois en paix desormais par telle a chescun, et si les faict et de ces soit atteint soit jugement de vie et de membres leur terres forfaitz.' [99] Submission of Desmond, Sept. 12, 1565, and of Ormonde, Sept. 24. Both recognizances are dated at Westminster, Nov. 22. [100] Curwen became Bishop of Oxford as Sidney advised. [101] Sir H. Sidney's suits, May 20, 1565. [102] The Commission, dated Oct. 13, is in _Sidney Papers_, p. 86. Even the last draft of the instructions, dated Oct. 5, has the higher title, for which Lord Deputy was substituted on revision. [103] Instructions for Sir H. Sidney. [104] Instructions for Sir H. Sidney, Oct. 5, 1565. [105] The Queen to Lord Deputy Sidney, Nov. 12, 1565.