matter to the Assembly which ordered execution without further delay. 313 
Execution not being served, Harris charged James Rogers, general sergeant, 
before the Assembly with neglect of office. Rogers was arraigned and acquitted, 
and execution was ordered suspended until the former appeal to the royal 
commissioners was heard. 314 However, in May, 1669, issuance of execution 
was again ordered, but service was obstructed by force. 315 
Several other controversies over titles in which Harris was concerned were 
also in progress, namely, with John Towers of Massachusetts Bay and with 
Edmund Calverly et al., both parties claiming under Indian grants. 318 Calverly 
had petitioned the royal commissioners, but they had referred the matter 
to the Assembly, which disclaimed jurisdiction in a matter already judicially 
determined. 317 During this period Harris was also endeavoring to have the 
dividing line between the Pawtuxet and Providence purchases extended westward 
under the confirmatory deeds. Providence, however, aroused to opposition 
by Roger Williams, refused to co-operate, and Harris was precluded from 
obtaining extended separation of the Pawtuxet purchase. 318 
Despairing of local relief, 319 Harris resolved to seek justice at the fountainhead. 
So, in 1675 the King in Council was petitioned to direct the governors 
of the four New England colonies or their appointees to hear the cause and 
with an eclectic jury to determine all differences concerning the Pawtuxet 
lands. 320 To obtain such commission, Harris pointed out the impasse created 
by conflicting territorial claims, some trespasses taking place where Rhode 
Island writs did not run, 321 while a Rhode Island law forbade trial of Rhode 
Island land titles outside the colony. 322 Harris overcame the objection to the 
issuance of an unprecedented commission to rehear land title causes by the 
argument that in effect the commission was one for preservation of the 
peace. 323 Also overcome were objections that the commission might meet with 
disobedience to the derogation of the royal prerogative. 324 Authority for the 
issuance of a special commission or assize in New England, notwithstanding 
the already established royal power, found precedent in the domestic corporation 
325 Similarly, appeal to the King in Council was justified on the domestic 
right to remove causes by certiorari from corporate judicial bodies into higher 
a" 2 Rec. Col. R. 1., M 3-44- 
31i Ibid., 204-5, 210-11. Harris complained 
to Colonel Nicolls (Harris Papers, 87) who 
advised that members of the Plymouth colony 
settle the matter (2 Rec. Col. R. 1., 233-34). 
Sls lbid., 253; Harris Papers, 87, 97- 
Sle lbid., 14; 15 Early Rec. Town Prop., 130. 
3" 2 Rec. Col. R. 1., 106-7; Harris Papers, 88. 
313 2 Rec. Col. R. 1., 199-204; Harris Papers, 
71-83; 3 Early Rec. Town Prov., 102-6. 
319 Harris had also resorted to arbitration, 
but without marked success {Harris Papers, 
129, 148, 151, 158). 
3 20 Ibid., 148; PC 2/64/431. For other papers 
presented by Harris see Harris Papers, 149-61. 
321 Ibid., 150, 155, 158. 
S22 lbid., 158; 1 Rec. Col. R. 1., 401. 
323 Harris Papers, 119-20, 157-58. 
S2i lbid., 122-28. 
325 Ibid., 155-57. i59-6o