administered for the first offence; for the second, sometimes the nose was cut off, sometimes the ears, and in some cases both the nose and ears were forfeited. . . . Persons who had committed such a crime twice were driven bag and baggage out of the home and village to which they belonged."[36] Among the Murray Islanders repetition of an offence such as murder or robbery generally incurred a penalty of death, whereas the first offence was punished only by a fine.[37] According to the Javanese Níti Sástra, if a man violates the law, he may for the first transgression be punished by a pecuniary fine, for the second by a punishment affecting his person, but for the third he may be punished with death.[38] The Penal Code of the Chinese prescribes that, for the first offence, individuals convicted of being concerned in a theft shall be branded in the lower part of the left arm with two words signifying thief, that for the second offence they shall be branded again with the same words in the lower part of the right arm, but that for the third offence they shall suffer death by being strangled, after remaining the usual period in confinement.[39] In Nepal, in the case of theft or petty burglary, for the first offence one hand is cut off, for the second the other hand, whilst the third offence is capital.[40] Herodotus mentions with approval that in ancient Persia not even the king was allowed to put any one to death for a single crime.[41] According to the Vendîdâd, the gravity of a crime does not depend only on the gravity of the deed, but on its frequency as well.[42] In ancient Rome the repetition of a crime aggravated its punishment.[43] According to early English law, the punishment upon a second conviction for nearly every offence was death or mutilation.[44] In modern European legislation, the principle that the criminality of certain crimes is increased by their repetition is generally recognised. [Footnote 29: Hinde, _The Last of the Masai_, p. 108.] [Footnote 30: Decle, _op. cit._ p. 487.] [Footnote 31: Powell, 'Wyandot Government,' in _Ann. Rep. Bur. Ethn._ i. 66.] [Footnote 32: Herrera, _General History of the West Indies_, iv. 338 _sqq._] [Footnote 33: _Ibid._ iii. 255.] [Footnote 34: Veniaminof, quoted by Petroff, 'Report on Alaska,' in _Tenth Census of the United States_, p. 152.] [Footnote 35: Krasheninnikoff, _History of Kamschatka_, p. 179.] [Footnote 36: Batchelor, _Ainu and their Folk-lore_, p. 285.] [Footnote 37: Hunt, in _Jour. Anthr. Inst._ xxviii. 6.] [Footnote 38: Raffles, _History of Java_, i. 262.] [Footnote 39: _Ta Tsing Leu Lee_, sec. cclxix. p. 285.] [Footnote 40: Hodgson, _Miscellaneous Essays_, ii. 235.] [Footnote 41: Herodotus, i. 137.] [Footnote 42: _Vendîdâd_, iv. 17 _sqq._] [Footnote 43: Mommsen, _Römisches Strafrecht_, p. 1044.] [Footnote 44: Stephen, _op. cit._ i. 58.]