cmap. Iv] THE PREROGATIVE OF MERCY 1417
permanent letters patent of 1879, and in the case of Natal
in 1893, and in the case of the Transvaal and the Orange
River Colony in 1906 and 1907, are the same in essentials and
may be illustrated by the Natal instruments :—
Royal Instructions
IX. Whenever any offender shall have been condemned
to suffer death by the sentence of any Court, the Governor
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 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 judgment of
the majority of the members thereof.
Letters Patent
IX. When any crime has been committed within the
Colony, or for which the offender may be tried therein, the
Governor may, as he shall see occasion, in Our name and on
Our behalf, grant a pardon to any accomplice in such crime
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, may grant to any offender
convicted in any Court, or before any judge, or other magis-
trate within the Colony, 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 the Governor thinks fit; and
further may remit any fines, penalties, or forfeitures due
or accrued to Us. Provided always that the Governor shall
in no case, except where the offence has been of a political
nature unaccompanied by any other grave crime, make it
a condition of any pardon or remission of sentence that the
sffender shall absent himself or be removed from the Colony.