It was on September 15, that Berkeley's troops sallied out, formed in front of Bacon's fort, and rushed forward, horse and foot "pressing very close upon one another's shoulders." They made an excellent target, so that when the rebels opened on them, those in front threw down their arms and fled. Had Bacon pressed close on their heels he might have taken the place, and with it Berkeley, and all his men. But he held back and the opportunity was lost.
The governor was furious, and reviled his officers in "passionate terms." But it should have been obvious to him that he could not trust men who fought under compulsion, many of them in sympathy with Bacon. "The common soldiers mutinied, and the officers did not do their whole duty to suppress them," he wrote afterwards. The officers urged on him the necessity of abandoning the town. "One night having rode from guard to guard and from quarter to quarter all day long to encourage the men, I went to bed," Berkeley said. "I was no sooner lain down but there came three or four of the chief officers and told me I must presently rise and go to the ships for the soldiers were all mutinying ... and that 200 or 300 men were landed at the back of us." But when he put on his clothes, mounted his horse, and rode to the spot they had indicated, he found the report false.
The next day the officers again urged the evacuation of the place. But the governor demurred, "desiring them with all passionate earnestness to keep the town ... I told them I could neither answer this to the King nor to any man that ever was a soldier, unless they gave under their hands the necessity of my dishonorable quitting the place." This they immediately did and then hurried him away to the fleet. That night guns were spiked, arms and stores were taken on board the vessels, and the soldiers were embarked. Then silently the little fleet slipped down the river.
The next morning Bacon's men occupied the town. But now he was uncertain as to what he should do with it. News had come that Giles Brent, a former supporter of Bacon who had gone over to the governor, had raised an army in the northern counties and was marching south to attack him. Brent, who was half Indian, was a sacrilegious man who was said to have drunk the devil's health, at the same time firing his pistol "to give the devil a gun." His advance put Bacon in a quandary. If he remained in Jamestown, he would be trapped between Brent on land and Berkeley's fleet by water. If he deserted the town, Berkeley would return and occupy it. In the end, he, Lawrence, Drummond, and the others decided to burn the town.