The trials of James Cotter and Henry, Baron Barry of Santry: two case studies in the administration of criminal justice in early eighteenth-century Ireland

At least twice during the first half of the eighteenth century criminal prosecutions were undertaken in Ireland which gripped the public imagination. The first of these celebrated cases, involving the trial for rape, conviction and subsequent execution of the Cork Jacobite James Cotter in 1720, has also come to hold an extraordinary fascination for historians of eighteenth-century Ireland. Few writers concerned with early Georgian Ireland have been able to avoid its allure. For the most part, however, the incident has been referred to only fleetingly, employed variously as a motif of religious or political conflict or ethnic alienation. For Kevin Whelan, it is illustrative of the ‘conflict between old and new families’ in Munster, and indicative of a ‘partisan popish paranoia’ on the part of the province’s Protestant rulers. For Louis Cullen, it was ‘part of the legacy of the 1690s’, yet an event which would provide ‘the spark which set alight the sectarian tensions in Munster in the 1760s’. Other commentators have seen the case as one in which ‘a trumped-up charge’ was laid, for political purposes, against a man ‘generally believed’ to be innocent. A few have offered more guarded conclusions. Thomas Bartlett ventures only that this was ‘certainly a sensational event’. James Kelly both recognises the unique circumstances of Cotter’s case and suggests that it is ‘unlikely that he was the victim of judicial assassination’. S. J. Connolly goes further, stressing that Cotter had ‘quite clearly been guilty of rape’. However, the fullest and most recent examination of the case, in an essay written by Breandán Ó Buachalla in an ‘attempt to correlate a specific literary text to the career of a specific political activist’, returns us firmly to the recurrent context of Catholic Jacobite resistance and Protestant collusion.