ON Sunday last I received yours of Feb­ruary the 25^th, and have inquired into the Truth of the Story of an Irish Papist Ex­ecuted in this Countrey, who at the Gal­lows denied the Fact for which he was to suffer; but after he had Hanged awhile, the Rope by accident breaking, and the Malefactor comeing to himself, confess'd it to be true.

[Page 2] The person was one John Curphy a Papist, who, this Lent Assizes will be Seven years, was Tryed before Mr. Baron Hene (then His Majesties Serjeant) for Burglary in the County of Monaghan, and being found Guilty, was condemned to dye. At the Gallows this Curphy de­nied the Fact with great Confidence and Asseverations of his Innocency, and was turned off the Ladder, persisting in his denial; but after he had hanged some little space, the Rope by chance breaking, and he falling down a little stunn'd, came again to himself, and fell to his prayers, thanking God that he had given him time to declare the Truth, and not to go out of the World with a Lye in his mouth, and then confessed himself Guilty of the Fact for which he was Condemned.

Afterwards this Curphy was brought back to the Gaol by the Sheriff Mr. Lucas, and application made to Baron Hene to Reprieve the Prisoner; but he telling the Sheriff that the Judge had done his duty, and the Sheriff must do his, Curphy was Executed.

This Account I write from Mr. Baron Hene's own mouth, this very morning, who perfectly knows this Narrative to be true, and was the Person who acquaint­ed your Lordship with it, at your first coming into the Government.

He also tells me, that to the best of his remembrance, this Curphy owned, That the Priest had given him Absolu­tion, upon condition not to discover any thing, or declare his Accomplices: And that he need not doubt his Salvation, the Fact not being committed against Gods People, mean­ing (as he supposed) the Papists, or to that effect. Lucas the then Sheriff, lives in Monaghan, and the Records of this Tryal are there, wherefore I have waited upon Mr. Justice Johnson, who goes that Circuit, and left with [Page 3] him a Memorial of these Particulars, who will inquire into them, and give me an attested Account thereof, which when they come to my hands, I will transmit to your Lordship.

Mr. Justice Johnson also told me another Relation, something of this nature There was a special Com­mission lately directed to himself, to try several Male­factors for Murthers and Robberies, committed in the County of Cavan. The Persons Indicted, were two of the Duffies, and one Plunkett, all Irish Papists. The Duf­fies when they were first apprehended, Confest that they were Guilty of the Crimes laid to their Charge, and gave the same Evidence also against Plunkett at his Tryal, up­on which, with other most undeniable Circumstances, Plunkett was Condemned. The Duffies were afterwards tryed for the same Facts, and Condemned also.

I should likewise have told your Lordship, That Plunkett upon his first Apprehension, owned to Sir John Edgworth, that he was Guilty.

After the Sentence was past upon them, one Brady a Priest, came to these Duffies in Prison, and used Argu­ments to induce them to Recant their Evidence; but they persisting in the Truth, would not be prevailed upon.

Mr. Justice Johnson hearing this, sent for Brady, who, upon his Examination, could not deny, but that he had been with the Duffies, to persuade them to Renounce their Testimony against Plunkett.

Whereupon the Judge Committed him. The Con­clusion was, That one of the Duffies (the other being Reprieved) suffer'd, confessing the Fact, and perseve­ring in his Accusation of Plunkett. And Plunkett dyed [Page 4] as obstinate, on the other side, utterly denying, that he was Guilty, with Curses upon himself, and Renunciations of Sal­vation, if he were not innocent.

I must also crave leave to trouble your Lordship with another Narrative of this sort, which I had from Sir Richard Reynell, one of the Judges of the Kings Bench.

About October last was Twelvemonth, there was tryed before him, upon a Commission of Oyer and Terminer, one Neile-O-Neile, an Irish Papist, for a Murther com­mitted at Rathdrum in the County of Wicklow.

This Neile-O-Neile in Prison, and at his Tryal, owned to several Persons, (amongst which I hear my Lord of Strafford then in Ireland was one) That he was Guilty, and was so found by the Jury, the Fact being clearly proved against him: But at the Gallows, he utterly de­nied it.

These three Particulars being averr'd to me this very day, by the three aforementioned Judges, I humbly presume to send them your Lordship as true.

I fear I have tyred your Lordship with this long Letter, but I thought it my Duty to give you the fullest Account I could of your Commands: who am,

Postscript. It is thought reasonable to suppress the Name of the Person that wrote this Letter, for fear of exposing him to danger, from the Party concerned in the Informa­tion.

My Lord Chief Justice Booth, my Lord Chief Baron, and the Three Judges named in this Letter, all tell me, That the Criminals that dye in the Romish Persuasion, although apprehended in the very Fact, yet never confess; for after they have had Absolution from the Priest, the Crime is (according to their Doctrine) totally taken away; and it having, as it were, never been, they may with a safe Conscience deny it.