EXPOSING OF CHILDREN. This was a common practice among the Greeks, Romans, and other ancient nations. But from this charge must be excepted the Thebans, who had an express law by which it was made capital to expose children, and at the same time ordained that such as were not in a condition to educate their offspring should take them to the magistrates, that they might be brought up at the public expense. Among the other Greeks, when a child was born, it was laid on the ground; and if the father designed to educate it, he immediately took it up; but if he forbore to do so, the child was carried away and exposed. The Lacedæmonians indeed had a different custom: with them all new-born children were brought before certain persons, considered as among the wisest in their own tribes, by whom the infants were carefully examined; and if the latter were found strong and well formed, orders were given for their education, with a certain proportion of land for their maintenance; but if weakly or deformed, they were cast into a deep cavern in the earth, near Mount Taygetus, as it was thought neither for the good of the infants themselves nor for the public interest that defective children should be reared. Many children were exposed only because their parents were not in a condition to educate them; and it was the unhappy fate of daughters especially to be thus treated, as their education and settlement in life involved a greater expense than those of sons. The parents
frequently tied jewels and rings to the children they exposed or any other thing by which they might afterwards discover them, if they should survive; or to encourage those that might find them to nourish and educate them; or, if found dead, to give them human burial. It was usual to expose children in such places as were most frequented, in order that they might be found and compassionated by persons who were in circumstances to defray the expense of their education. As foundlings became the property of those who brought them up, instances were not wanting of great cruelties exercised towards these unfortunate individuals; such as, for instance, mutilating their persons and exhibiting them in the streets, in order to derive an infamous livelihood from the alms bestowed on them by compassionate passengers. By a law passed at Rome A.D. 374, the exposure of children was made a punishable offence; but it was not till the year 530 that their slavery was abolished, when Justinian published an edict to that effect.
EX POST FACTO, a law phrase used to denote something made to apply to a thing already done. Thus, for example, a law is said to be made ex post facto when it renders an offence punishable in a manner in which it was not punishable at the time it was committed.