When Bacon returned from the Occaneechee fight, he was elated with the acclaim of the people, not only on the frontier but in all parts of the colony, but he was aggrieved that the governor had proclaimed him a rebel and threatened his life. On May 25, he wrote to Berkeley: "I am sorry to find that for the expence of our estates and hazard of our lives in the country's service we should by misinformers have our true intentions so falsely represented to you.... We have all along manifested our abhorrence of mutiny and rebellion.... If your honor were in person to lead or command I would follow and obey." But then he continued with a veiled threat. If he sought to revenge himself he had only to listen to all the stories of "your honor's falsehood, cowardice, treachery, receiving bribes." He had heard that Lady Berkeley had raised "several scandalous and false reports" against him, that he was not worth a groat and that his notes had been protested. He could hear enough about her, he retorted, if he would permit himself to listen.
When Berkeley showed this letter to the Council, they wrote Bacon: "Our advice to you is that the most honorable, the most secure, and most safe way for yourself [is for] you forthwith in the most humble manner present yourself to the governor and, acknowledging your errors, humbly crave his pardon." If he preferred to justify his conduct, they promised him a fair trial either in Virginia or in England.
But with the plaudits of the people ringing in his ears, Bacon was unwilling to humble himself. "My submissions are unacceptable, my real intentions misunderstood," he wrote Berkeley. "I am sorry that your honor's resentments are of such violence and growth as to command my appearance with all contempt and disgrace and my disowning and belying so glorious a cause as the country's defence. I know my person safe in your honor's word, but only beg what pledge or warranty I shall have for my reputation."
So, when the sheriff of Henrico rose in court to read Berkeley's proclamation, he was interrupted by Bacon, who was there with thirty or forty of his men. "If you dare read a line of that proclamation, I will make you regret it," he said. Then, as though to show their defiance of the governor, the people elected Bacon and his ardent friend, Captain James Crews, to represent them in the House of Burgesses.