Although the governor and the King both voided Bacon's Laws and the Assembly of February 1677 repealed them, they constitute a landmark in the development of self-government in Virginia. They broadened the franchise by giving the right to vote to all freemen; they gave the voters representation in the county courts in assessing taxes; they put an end to self-perpetuating vestries; they fixed the fees of sheriffs, collectors, and other officials; they made it illegal for sheriffs to serve more than one year at a time; no person could hold two of the offices of sheriff, clerk of the court, surveyor, or escheator at the same time; members of the Council were barred from sitting on the county courts.
It was long recognized in both England and America that liberty is grounded on the principle that no man's money can be taken from him without his own consent. Yet local taxes in Virginia, which often exceeded those voted by the Assembly, were assessed by the county courts made up of the governor's appointees. The self-perpetuating vestries also had the right to tax, for they levied the parish charges. Thus Bacon's Laws struck at an exceedingly dangerous abuse. The use of fees to raise money without the consent of the voters was a source of bitter controversy between the governors and the people for many decades to come, a controversy which culminated in the celebrated case of the pistole fee which got Governor Dinwiddie into so much trouble. The restricting of local officers to one office at a time struck a blow at Berkeley's system of government by placemen. But the laws did not include an act to prohibit officeholders from sitting in the Assembly. This would have gone to the root of the trouble, but it was too much to expect the governor to assent to it even with Bacon and his infuriated men marching on Jamestown. In fact, this step was taken only more than half a century later.
Bacon now began preparations for the Indian campaign. Riding from one county to another he gathered armed bands, appointed their officers, and sent them off to the falls of the James. Arms, ammunition, and stores were sent up the rivers in sloops. The well-to-do planters were angered when their horses and corn were taken for the expedition, but at any show of resistance they were threatened and intimidated. One of Bacon's men told John Mann, "with many fearful oaths, as God damn his blood, sink him and rot him, he would ruin him."
It was late in July when Bacon drew up his army of seven hundred horse and six hundred foot. Riding out before them, he made a brief address. He assured them of his loyalty to the King, and that it was "the cries of his brethren's blood" that induced him to secure his commission. He then took the oath of allegiance, and required the men to swear fidelity to him as their general. Then they broke ranks for the night, expecting the next day to march.
At that moment word arrived that Berkeley was busy raising forces with which to attack them in the rear. This forced Bacon to change all his plans. After the rebels had left for the frontier, the Governor, realizing that the sentiment of the colony was overwhelmingly against him, at first had made no attempt to resist him. But Philip Ludwell and Robert Beverley drew up a petition in the name of the people of Gloucester, stating that Bacon had stripped them of arms and asking the governor to protect them. Although "not five persons knew about it," Berkeley accepted it as a call to action. "This petition is most willingly granted," he wrote. It was his duty to protect the King's loyal subjects. Bacon's commission was illegal, he added, since it had been extracted by force.
In a spirit of elation he rode over to Gloucester and sent out a call for the militia to assemble. But when they learned that they were expected to fight against Bacon, the popular hero, they demurred. "For Bacon at that time was so much the hope and darling of the people that the governor's interest proved but weak and his friends so very few that he grew sick of the essay." As he rode out before the troops he heard a murmur, "Bacon! Bacon! Bacon!" and saw them walk away. Bitterly disappointed and wearied by his exertions, he fainted away in the saddle.
Upon receiving the news that the governor was trying to raise forces to oppose him, Bacon "causes the drums to beat and trumpets to sound for calling his men together." Then he addressed them. It was revenge which hurried the governor and his advisors on without regard to the people's safety. They would rather see them murdered and their ghosts sent to join those of their slaughtered friends, than have them disturb their trade with the Indians. So now they must use their swords in their own defence. While they were sound at heart and not wearied they must descend to find out why these men sought to destroy their lives who sought to preserve theirs.
At this there was a shout of "Amen! Amen!" They were all ready and would rather die on the field of battle than be hanged like rogues or perish in the woods at the hands of the merciless savages. So with muttered oaths they turned their faces toward Gloucester.
Hearing that Bacon's enraged men were pouring down upon them, Berkeley and his friends were at a loss as to what to do. If they fell into his hands imprisonment was the mildest treatment they could expect. It was Robert Beverley who suggested that they flee to Accomac, where they would be safe beyond the waters of the Chesapeake Bay. Berkeley agreed, and asked Sir Henry Chicheley to accompany him. Chicheley promised to join him later, but before he could get away was captured. Berkeley, Beverley, and three others procured a small vessel, and reached the Eastern Shore in safety. And for the next few days the bay was dotted with sails as one gentleman after another fled with his wife and children, leaving his house, furniture, crops, horses, and cattle to be plundered by Bacon's men.
This was the situation when Bacon returned from the frontier. With Berkeley in exile, and with the Council dispersed, the colony had been left without a government. So Bacon had to become dictator, assume the role of a Cromwell. He might well have become hopelessly confused had he not had Lawrence and Drummond to advise him in every step in taking over the government. Probably it was they who helped him draw up a manifesto, in which he dwelt on Berkeley's tyranny and injustice. All men were witnesses of the corruption of the government, it stated; how men of lowly estate, elevated to important posts, had lined their pockets at the public expense. If he had attacked the so-called allied Indians, it was because they had committed "murder upon murder" upon the settlers. Had the governor himself not supplied them with arms and ammunition the frontier plantations would not now be deserted, the blood of their brothers spilled.