The trial began at Chester on September 29th. The Earl of Lauderdale had been sent to the Tower, and Giffard, another of those who had surrendered, escaped from Bunbury in Cheshire. Two other prisoners, Sir Timothy Featherstonhaugh and Captain Benbow were tried at Chester with Derby. After the resolution of Parliament on September 11th, a commission was directed to Major-General Mitton, Colonel Duckenfield, Colonel Mackworth, Colonel Birch, Colonel Henry Brooke, Colonel Henry Bradshaw, Colonel Thomas Croxton, Colonel Gilbert Ireland, Colonel John Carter, Colonel Twistleton, Colonel Mason or any three of them. Most of the names were those of officers of the Cheshire Militia Regiments enrolled in Hamilton's invasion of 1648. Birch and Ireland were the only two Lancashire names, and neither of them attended any of the sittings of the court martial. Mackworth was chosen President. He was Governor of Shrewsbury, and on Charles' march it was thought that he might be prevailed upon to surrender the town, but he returned a rude denial. Most of the other members of the commission were comparatively unknown; indeed it was not a dignified court by which to try a great nobleman.[239] The articles against Derby were that he had in defiance of the Act of Parliament of August 12th, 1651, making it treason to hold correspondence with Charles Stewart, received a commission from him, proclaimed him King at several places in Lancashire, had raised forces to assist him, and on their defeat had himself fought in the Battle of Worcester. The Earl did not attempt to deny his acts, but he asked for more time to consider his answer, and the court was adjourned until the following day, Derby being furnished with a copy of the articles. Next morning (September 30th) at 8 o'clock in the morning the other two prisoners were tried. Derby was then brought to the bar, and pleaded that he was in the Isle of Man on August 12th and had never heard of the Act under which he was being convicted. His request for counsel was considered and allowed, and at the Earl's own suggestion Mr. Zancthy, a Chester lawyer, was named. The court then adjourned, and it was decided that the Earl should have liberty at 9 o'clock next morning to plead his own case. Later in the day a request was made on his behalf that he might have Sir Maurice Enslow or Sir Robert Brerewood as counsel instead of Zancthy, but this was refused.