Sir Thomas Sherlock who had sided with the English in the early days of the rising had been forced to surrender his castle to the Irish forces, and had been imprisoned by them. He signed the roll of Association of the Confederates to obtain his release; then escaped to Dublin and had been allowed in 1647 by Jonas to reside in England. But having signed the roll he could not claim innocence.[1]
In one way or another all avenues towards innocence seemed securely barred. And it was further provided that no one could be restored as innocent to any lands which he claimed through a nocent predecessor in title. But luckily for many of the Irish the framers of this clause forgot that the issue of a tenant for life were held to claim not from their father but from the original donor. In this way the heir of Rory or Roger More of Balyna, the prime contriver of the whole insurrection, actually recovered his estate.
Then, too, although the would be innocent had to appear as plaintiff, the interested Cromwellian had to produce proofs of his guilt before he could be declared nocent. So where there was no Cromwellian in possession the case often went by default; and in any case proof of events which had happened twenty years ago was not
- ↑ Prendergast. So Henry O'Neill of Killileagh had lived with his mother in the Irish quarters being only fourteen years of age in 1641. He went to England and served the King before he came of age, and then served under Ormond in Ireland. His estate had been seized by Cromwell, and was in possession of Lord Massereene. Having lived in the Irish quarters debarred him from restoration as an innocent. Cal. St. Paps., 1666—69, p. 263.
