The stocks and pillory stopped being used as punishments mainly due to concerns over public disorder and evolving ideas about justice. The pillory declined in London by the late 18th century because public punishment often led to riots, injury, or death of offenders. England abolished the pillory by 1837, and the United States followed in 1839, except Delaware, which kept it until 1905. Stocks lasted longer in England, used until 1872, as they were less severe and restricted fewer body parts.
The decline of the pillory stemmed from its disruptive impact on social order. Public punishments were meant to shame criminals, but crowds sometimes cheered offenders or violently attacked them. Historian Emma Griffin notes that fears about crowd behavior and a growing preference for uniform, controlled punishments contributed to its fall.
“The power of the crowd to subvert the court’s sentence… conflicted with the emergence of a well documented desire for more uniform punishment at the end of the eighteenth century.”
Emma Griffin
Humanitarian concerns mattered but were part of broader changes. These included a shift in the relationship between state and individual and a new belief in prison’s potential to reform rather than publicly humiliate. The pillory’s removal marked the shift away from punishment in public marketplaces and toward more regulated, institutional justice.
While the pillory was banned earlier, stocks, which restrained only hands or feet, stayed in use longer. Their limited restriction and less brutal nature extended their role in English punishment until 1872.
| Punishment | Abolished in England | Abolished in the US | Notes |
|---|---|---|---|
| Pillory | 1837 | 1839 (Delaware 1905) | Public order concerns, crowd violence |
| Stocks | 1872 | N/A | Less severe, continued use in England |
- Public disorder from pillory use hastened its decline.
- Changing views stressed reform over humiliation.
- Legal abolition followed societal concerns about punishment uniformity.
- Stocks persisted longer due to milder restriction.
When and Why Did the Stocks and Pillory Stop Being a Punishment?
The stocks and pillory, classic symbols of public humiliation and corporal punishment, gradually fell out of favor during the 19th century. Their decline wasn’t just about being cruel or outdated—they became increasingly problematic as tools of justice in growing urban centers. By the late 1800s, most Western societies had ended their use, with legal abolishments marking the final chapter.
But what really caused this shift? And why was there a delay between England and the United States—or even within U.S. states like Delaware? Let’s unpack the story behind the disappearance of these archaic punishments.
A Rocky End to Public Spectacles
Imagine standing in a busy London marketplace, your head and hands trapped in a wooden frame, exposed and vulnerable. Once a common sight, the pillory’s popularity began to wane in London because the spectacle itself could ignite chaos rather than calm justice.
Riots, mobs, and thrown projectiles made the pillory more dangerous for both the victim and the public order. Convicts sometimes suffered serious injuries—or even death—if the crowd’s mood turned violent. This counterproductive effect made authorities reconsider whether the pillory was worth preserving.
Historian Emma Griffin offers a nuanced view. She points out that the decline involved more than just emerging humanitarian values. Instead, it was about maintaining social order and a civilized public space where upper-class citizens—“ladies and gentlemen”—wouldn’t have to witness such brutal spectacles.
“The decline of the pillory […] marked the end of punishment in the market-place, not the end of public punishments or of punishment on the body,” Griffin explains. It was part of creating orderly town centers, free of unruly crowds and violent displays.
The Shift in Penal Philosophy: Prisons vs Public Humiliation
When you think about punishment evolution, it’s easy to assume society simply grew more humane and abolished the pillory because it was cruel. But Griffin reminds us it was also about trust in a new system.
By the late 18th century, states began believing prisons and incarceration could better reform offenders than public shaming. This shift altered how governments wanted to assert control—not by inviting public participation in humiliation but through regulated, uniform punishment.
Viewed through this lens, the pillory’s downfall marked a profound change: moving from communal, disorderly judgment to centralized, state-controlled justice.
Legal Endgame: Abolishment Dates and Exceptions
By the 1830s, the pillory was officially on its last legs in England. The country abolished the punishment around 1837, with the United States following in 1839. The U.S. decision lagged visually but mirrored its English counterpart’s reasoning.
Delaware, however, held onto the pillory longer than most, refusing to abolish it until 1905. That’s a curious footnote reflecting how local legal traditions can stubbornly persist even when they seem out of step with broader trends.
Stocks had a bit more staying power. Unlike the pillory, which confined both head and hands, stocks only restrained hands or feet. Their use lingered in England until 1872, highlighting a slower but eventual phase-out of even less severe public restraints.
Practical Lessons: Why Do These Details Matter?
So, why should you care about the stocks or pillory’s demise? These old punishments teach us a lot about how societies evolve ideas of justice and control.
- Social Control vs Public Disorder: Early justice systems sometimes leaned on public spectacles to enforce order, but when these led to riots or mob violence, states reconsidered.
- Public Participation’s Double-Edged Sword: While local crowds could enforce punishment by jeers or stones, they could also defend criminals or cause serious harm outside court rules—a messy situation for authorities.
- Trust in Systematic Punishment: The rise of prisons symbolized a belief that controlled, institutional punishment was more effective and just.
Can You Imagine Today?
What if modern courts sentenced you to the stocks? The internet itself might play the role of today’s “public marketplace”—a digital pillory where shaming can go viral. Yet, unlike wooden restraints, online shaming risks spiraling out of control, often without the legal safeguards of old.
Does society today face a similar dilemma to that of 18th-century London? How do we balance public judgment, punishment, and social order in a digital age?
Final Thoughts
The stocks and pillory didn’t vanish just because of kindness or legal reform. Their decline stemmed from practical issues—public disorder, violent mobs, and the state’s preference for order and uniformity. They disappeared as justice moved “indoors” from bustling marketplaces to prison walls.
England abolished the pillory around 1837. The United States followed in 1839, with Delaware holding out until 1905. Stocks lingered into the 1870s, but only as a lesser form of restraint. This progression illustrates an important chapter in the story of justice—how societies reconcile punishment, power, and public space.
The next time you hear about stocks or pillories, think beyond the gruesome image. Reflect on the complex social dynamics that ended their reign and shaped modern justice systems.
