[4] Parliament was dissolved without voting subsidies to the Crown, and the King attempted to shore up the governmental finances by imposing forced loans on the gentry.
Erle was one of the four men in Dorset who refused to pay and as a result he was summoned before the Council, and imprisoned for almost a year in the Fleet Prison before he was able to obtain a writ of habeas corpus.
On hearing the case, the judges upheld the prisoners' right to be released, setting a major legal precedent in the restriction of the Crown's autocratic powers.
[4] On the day after the dissolution of Parliament, he was one of the six men arrested on the King's orders under suspicion of treasonable correspondence with the Scots, with whom England was by this time at war.
In November 1640, Erle was returned as MP for Weymouth and Melcombe Regis for the Long Parliament,[4] and was appointed one of the managers of the prosecution in the impeachment of Strafford, but entrusted with proving the charge that Strafford had plotted to bring over the Irish army to suppress unrest in England he bungled his case so that the hearing was at first adjourned on the grounds that the "evidence was not ready" and then the article was in effect dropped altogether.
However, when he led his forces to besiege Corfe Castle in 1643 he was repulsed after six weeks having lost a hundred men, and he fled Dorchester by sea at the approach of a superior Royal army under Lord Carnarvon.