they shall desire to choose and select, condemned and judged as has been said, always excepting the imprisoned criminals to whom we are not accustomed to give pardon * * * commuting the penalty of death into an honest and useful voyage, with the condition that when the said persons return home again from the said voyage without permission from us, they shall be executed in the place in which they may have been condemned, immediately and without hope of pardon." An extract from the Parliament Registers at Rouen of March 9th, giving power to Roberval to have the prisoners transferred from its jails to him limits the choice somewhat by "excepting the prisoners who shall be held in cases and crimes of heresy and high treason in the first degree, of counterfeiting money and other too monstrous cases and crimes." Roberval could not get his party together for April. Indeed it seemed that he needed Jacques Cartier's assistance, for on October 17, 1540, we find him receiving a commission similar to Roberval's to take over fifty prisoners. In this charge he is allowed and permitted "to take the little galleon, called L'Emerillon which he now has of us, the which is already old and rotten, in order to serve in repairing those of the ships which shall have need of it," without rendering any account of it. But it was not till May 23d of the year following, 1541, that Cartier set sail with five ships, well furnished and victualed for two years. He went without Roberval, because as the King had sent Cartier letters "whereby he did expressly charge him to depart and set sail immediately upon the sight and receipt thereof, on pain of incurring his displeasure, and as Roberval had not got his artillery, powder and ammunitions ready he told Cartier to go on ahead and he would prepare a ship or two at Honfleur whither he expected his things were to come. Having mustered and reviewed "the gentleman soldiers and mariners which were retained and chosen for the performance of the said voyage, he gave unto Captain Cartier full authority to depart and go before and to govern all things as if he had been there in person."