cHAP. 1v] THE PREROGATIVE OF MERCY 1419
be tried within the Union, to grant a pardon to any accom-
plice in such crime or offence who shall give such information
as shall lead to the conviction of the principal offender, or of
any one of such offenders if more than one; and further,
to grant to any offender convicted of any such crime or
offence in any Court, or before any judge, justice, or magis-
trate, within the Union, a pardon, either free or subject to
lawful conditions, or any remission of the sentence passed
on such offender, or any respite of the execution of such
sentence, for such period as to the Governor-General may
seem fit, and to remit any fines, penalties, or forfeitures which
may become due and payable to Us. Provided always, that
if the offender be a natural-born British subject or a British
subject by naturalization in any: part of our Dominions,
the Governor-General shall in no case, except where the
offence has been of a political nature, make it a condition
of any pardon or remission of sentence that the offender
shall be banished from or shall absent himself from the
Union.
And we do hereby direct and enjoin that the Governor-
General shall not pardon, grant remission to, or reprieve
any such offender without first receiving in cases other
than capital cases the advice of one, at least, of his
ministers.
Whenever any offender shall have been condemned to
suffer death by the sentence of any Court, the Governor-
General shall consult the Executive Council upon the case of
such offender, submitting to the Council any report that
may have been made by the judge who tried the case, and,
whenever it appears advisable to do so, taking measures
to invite the attendance of such judge at the Council.
The Governor-General shall not pardon or reprieve any
such offender unless it shall appear to him expedient
so to do, upon receiving the advice of the Executive
Council thereon; but in all such cases he is to decide
either to extend or to withhold a pardon or reprieve,
according to his own deliberate judgement, whether the
members of the Executive Council concur therein or other-
wise ; entering nevertheless, on the Minutes of the Executive
Council, a minute of his reasons at length in case he should
decide any such question in opposition to the judgement of
the majority of the members thereof.
The omission of any reference to Imperial interests in the
exercise of the prerogative in ordinary cases is a somewhat