SOUNDNESS IN HORSES. 
453 
he seems not only to mean us to understand that “ his heart” 
was free from corruption, but that it was capable of performing 
every good office for which Nature intended it: so, it would ap¬ 
pear, run our notions about “ a sound horse;” that the animal 
is not merely free from disease, but is equal to every useful per¬ 
formance for which he was created. 
In advancing thus much at so early a period, let it not to be un¬ 
derstood that I am offering any definition of soundness: what I 
have just thrown out being merely intended to show that some¬ 
thing more is popularly meant by the expression than abstract 
freedom from disease. At the same time, we must take care not 
to run into the error (to put it in the expressive language of Mr. 
Lawrence) “to estimate the standard of soundness by the stand¬ 
ard of perfection.” However, at this early stage of the inquiry, 
I feel myself by no means prepared, or even warranted were I 
prepared, to expound the scope and tenour of the phrase; all that 
I mean to contend for in this place, is, that “ a horse must be 
either sound or unsound the two states cannot in nature exist 
together; and therefore we have no right to cloak our ignorance 
or want of penetration by asserting the existence of an impossible 
state—an intermediate one. 
The first step I shall take in this interesting investigation will 
be to lay before you what our best authorities, legal as well as 
veterinary , afford on the subject; and when I have examined and 
discussed them, I may venture something in the shape of a defi¬ 
nition of my own: but, in doing so, I wish to be understood to 
say, with Mr. Lawrence—“ My object is not (according to the 
common phrase) to lay down the law: such an undertaking would 
be incompatible with my pursuits, and above my ability. I wish 
clearly to confine myself to an explanation of the causes of un¬ 
soundness,”— in order (I w r ould add) to endeavour to elicit from 
them some rules or principles for our guidance —“ leaving it to 
the courts to argue and decide thereon*.” 
The late Lord Mansfield pronounced from the bench, that price 
constituted warrantry; and that every horse sold for (I believe) 
£10 and upwards, should be held, by virtue of his cost, to be 
sound! and for several years “ such was the law .” I presume his 
Lordship was not much in the habit of trading in livestock. One 
would imagine the learned Judge drew no broad line of distinction 
between a rocking horse and a living horse: for a certain price the 
artisan is undoubtedly, virtually , and ought to be, legally , bound 
to make a rocking horse of substantial materials, and to move well; 
and here the law seems good ; but his Lordship never once appears 
4 Op. C'it. page 12 oft he Preface. 
3 N 
