oHAP. Iv] THE PREROGATIVE OF MERCY 1415
VIII. And We do further authorize and empower Our
said Governor-General, as he shall see occasion, in Our name
and on Our behalf, when any crime or offence against the
laws of Our Commonwealth has been committed for which
the offender may be tried within Our said Commonwealth,
to grant a pardon to any accomplice in such crime or offence
who shall give such information as shall lead to the conviec-
tion of the principal offender, or of any one of such offenders
if more than one ; and further, to grant to any offender con-
victed of any such crime or offence in any Court, or before
any judge, justice, or magistrate, within Our said Common-
wealth, a pardon, either free or subject to lawful conditions,
or any respite of the execution of the sentence of any such
offender, for such period as to Our said Governor-General
may seem fit, and to remit any fines, penalties, or forfeitures
which may become due and payable to Us. Provided
always, that Our said Governor-General shall not in any 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 him-
self from Our said Commonwealth. And We do hereby
direct and enjoin that Our said Governor-General shall not
pardon or reprieve any such offender without first receiving
in capital cases the advice of the Executive Council for Our
said Commonwealth, and in other cases the advice of one,
at least, of his Ministers; and in any case in which such
pardon or reprieve might directly affect the interests of
Our Empire, or of any country or place beyond the jurisdiction
of the Government of Our said Commonwealth, Our said
Governor-General shall, before deciding as to either pardon
or reprieve, take those interests specially into his own per-
sonal consideration in conjunction with such advice as
aforesaid.
It will be seen that the only pardoning power vested in
the Governor-General is that of pardoning offences tried
against the laws of the Commonwealth ; the case is now
the same in Canada, where the power to pardon is to pardon
offences against the laws of the Dominion and does not
extend to crimes which are punishable by the Courts of the
Dominion as being committed under the jurisdiction of the
Admiralty or otherwise by Imperial enactment triable therein,
or asin the case of piracy triable therein jure gentium. There
is, however, a considerable difference between the cases: in