Ludgate was made into a free prison in 1378 by Richard II and confirmed as such by a common council in the Guildhall in 1382 (Stow 1:39). This meant that it became a prison for lesser criminals such as debtors and other nonviolent criminals. Those charged with felonies would have been sent to Newgate which was directly north of the free prison (2:277).But sixty six yeeres ere our Sauiours birth,
By Lud was Ludgate founded from the earth;
No Iayle for theeues, though some perhaps as bad,
That breake in policie, may there be had. (Taylor 295-98)
The legality of imprisoning debtors for failure to pay dates back to 1283 when Edward I issued a Statute of Merchants (Baxter 34). "And if the debtor have no moveables whereupon the debt may be levied, then shall his body be taken where it may be found, and kept in prison until that he have made agreement, or his friends for him" (34). Such methodology was already in use in parts of England, but, with this proclamation, it became federal policy.
The Statute of Merchants, beyond authorizing the imprisonment of debtors, dictates the provisions which should be made for their care. Creditors were required to feed and water prisoners who were unable to provide for themselves with the understanding that all food and water would have to be paid for upon release (34). In practice, however, creditors were often negligent of their duties and "...men were lodged like hogs and fed like dogs" (Borer 165-66). Many men died from imprisonment and those who did not incurred more and more debt just by sustaining themselves.
An interesting story which was referenced in several texts is about the Dame Agnes Forster and her relationship to Ludgate. She enlarged the prison in 1463 and provided that prisoners should have free food and lodgings (Stow 1:39-40). The reason she is said to have done all of this is that she met her husband, Stephen Forster, when he was begging at the gates of the prison (Brewer 1440). She paid off his debts and took him in to her service (Stow 1:39-40). This romantic story is like a parable for charitable acts. In Thomas Heywood's If You Know Not Me You Know Nobody, it is used in precisely this manner. Dr. Nowell, a preacher who is held in high esteem, holds up the example of "Agnes Foster" as an individual "...Worthy the note of our posterity" (277). He describes her worthiness in the following terms:
This Agnes Foster, wife to Sir A. Foster,According to Nowell, her actions on behalf of her husband were just as significant to the city as the improvements she made to the prison.
That freed a Begger at the grate of Lud-gate.
Was after Mayor of this most famous city,
And builded the fouth side of Lud-gate up. (277)
-- Tamara Kristall, 2002