Mr. Wingate, when the information was first brought to him, supposed that he had fallen on a nest of Fifth Monarchy men. He enquired, when Bunyan was brought in, how many arms had been found at the meeting. When he learnt that there were no arms, and that it had no political character whatever, he evidently thought it was a matter of no consequence. He told Bunyan that he had been breaking the law, and asked him why he could not attend to his business. Bunyan said that his object in teaching was merely to persuade people to give up their sins. He could do that and attend to his business also. Wingate answered that the law must be obeyed. He must commit Bunyan for trial at the Quarter Sessions; but he would take bail for him, if his securities would engage that he would not preach again meanwhile. Bunyan refused to be bailed on any such terms. Preach he would and must, and the recognizances would be forfeited. After such an answer, Wingate could only send him to gaol: he could not help himself. The committal was made out, and Bunyan was being taken away, when two of his friends met him, who were acquainted with Wingate, and they begged the constable to wait. They went in to the magistrate. They told him who and what Bunyan was. The magistrate had not the least desire to be hard, and it was agreed that if he would himself give some general promise of a vague kind he might be let go altogether. Bunyan was called back. Another magistrate who knew him had by this time joined Wingate. They both said that they were reluctant to send him to prison. If he would promise them that he would not call the people together any more, he might go home.
They had purposely chosen a form of words which would mean as little as possible. But Bunyan would not accept an evasion. He said that he would not force the people to come together, but if he was in a place where the people were met, he should certainly speak to them. The magistrate repeated that the meetings were unlawful. They would be satisfied if Bunyan would simply promise that he would not call such meetings. It was as plain as possible that they wished to dismiss the case, and they were thrusting words into his mouth which he could use without a mental reservation; but he persisted that there were many ways in which a meeting might be called; if people came together to hear him, knowing that he would speak, he might be said to have called them together.
Remonstrances and entreaties were equally useless, and, with extreme unwillingness, they committed him to Bedford Gaol to wait for the sessions.
It is not for us to say that Bunyan was too precise. He was himself the best judge of what his conscience and his situation required. To himself, at any rate, his trial was at the moment most severe. He had been left a widower a year or two before, with four young children, one of them blind. He had lately married a second time. His wife was pregnant. The agitation at her husband's arrest brought on premature labour, and she was lying in his house in great danger. He was an affectionate man, and the separation at such a time was peculiarly distressing. After some weeks the quarter sessions came on. Bunyan was indicted under the usual form, that he 'being a person of such and such condition had since such a time devilishly and perniciously abstained from coming to church to hear Divine service, and was a common upholder of unlawful meetings and conventicles, to the great disturbance and distraction of the good subjects of this kingdom, contrary to the laws of our Sovereign Lord the King.'
There seems to have been a wish to avoid giving him a formal trial. He was not required to plead, and it may have been thought that he had been punished sufficiently. He was asked why he did not go to church? He said that the Prayer-book was made by man; he was ordered in the Bible to pray with the spirit and the understanding, not with the spirit and the Prayer-book. The magistrates, referring to another Act of Parliament, cautioned Bunyan against finding fault with the Prayer-book, or he would bring himself into further trouble. Justice Keelin who presided said (so Bunyan declares, and it has been the standing jest of his biographers ever since) that the Prayer-book had been in use ever since the Apostles' time. Perhaps the words were that parts of it had been then in use (the Apostles' Creed, for instance), and thus they would have been strictly true. However this might be, they told him kindly, as Mr. Wingate had done, that it would be better for him if he would keep to his proper work. The law had prohibited conventicles. He might teach, if he pleased, in his own family and among his friends. He must not call large numbers of people together. He was as impracticable as before, and the magistrates, being but unregenerate mortals, may be pardoned if they found him provoking. If, he said, it was lawful for him to do good to a few, it must be equally lawful to do good to many. He had a gift, which he was bound to use. If it was sinful for men to meet together to exhort one another to follow Christ, he should sin still.
He was compelling the Court to punish him, whether they wished it or not. He describes the scene as if the choice had rested with the magistrates to convict him or to let him go. If he was bound to do his duty, they were equally bound to do theirs. They took his answers as a plea of guilty to the indictment, and Justice Keelin, who was chairman, pronounced his sentence in the terms of the Act. He was to go to prison for three months; if, at the end of three months, he still refused to conform, he was to be transported; and if he came back without license he would be hanged. Bunyan merely answered, 'If I were out of prison to-day, I would preach, the Gospel again to-morrow.' More might have followed, but the gaoler led him away.
There were three gaols in Bedford, and no evidence has been found to show in which of the three Bunyan was confined. Two of them, the county gaol and the town gaol, were large roomy buildings. Tradition has chosen the third, a small lock-up, fourteen feet square, which stood over the river between the central arches of the old bridge; and as it appears from the story that he had at times fifty or sixty fellow-prisoners, and as he admits himself that he was treated at first with exceptional kindness, it may be inferred that tradition, in selecting the prison on the bridge, was merely desiring to exhibit the sufferings of the Nonconformist martyr in a sensational form, and that he was never in this prison at all. When it was pulled down in 1811 a gold ring was found in the rubbish, with the initials 'J. B.' upon it. This is one of the 'trifles light as air' which carry conviction to the 'jealous' only, and is too slight a foundation on which to assert a fact so inherently improbable.
When the three months were over, the course of law would have brought him again to the bar, when he would have had to choose between conformity and exile. There was still the same desire to avoid extremities, and as the day approached, the clerk of the peace was sent to persuade him into some kind of compliance. Various insurrections had broken out since his arrest, and must have shown him, if he could have reflected, that there was real reason for the temporary enforcement of the Act. He was not asked to give up preaching. He was asked only to give up public preaching. It was well known that he had no disposition to rebellion. Even the going to church was not insisted on. The clerk of the peace told him that he might 'exhort his neighbours in private discourse,' if only he would not bring the people together in numbers, which the magistrates would be bound to notice. In this way he might continue his usefulness, and would not be interfered with.
Bunyan knew his own freedom from seditious intentions. He would not see that the magistrates could not suspend the law and make an exception in his favour. They were going already to the utmost limit of indulgence. But the more he disapproved of rebellion, the more punctilious he was in carrying out resistance of another kind which he held to be legitimate. He was a representative person, and he thought that in yielding he would hurt the cause of religious liberty. 'The law,' he said, 'had provided two ways of obeying—one to obey actively, and if he could not in conscience obey actively, then to suffer whatever penalty was inflicted on him.'
The clerk of the peace could produce no effect. Bunyan rather looked on him as a false friend trying to entangle him. The three months elapsed, and the magistrates had to determine what was to be done. If Bunyan was brought before them, they must exile him. His case was passed over and he was left in prison, where his wife and children were allowed to visit him daily. He did not understand the law or appreciate their forbearance. He exaggerated his danger. At the worst he could only have been sent to America, where he might have remained as long as he pleased. He feared that he might perhaps be hanged.