MUTATIS MUTANDIS (Lat.). The ne cessary changes. This is a phrase of' frequent practical occurrence, meaning that matters or things are generally the same, but to be altered when necessary, as to names, offices, and the like.
MUTE (nzutus). When a prisoner upon his arraignment totally refuses to answer, in sists upon mere frivolous pretences, or refuses to put himself upon the country, after plead ing not guilty, he is said to stand mute.
Iri the case of the United States vs. Hare et al., Circuit Court, Maryland Dist. May sess. 1818, the priboner standing mute was considered as if he had pleaded not guilty. The act of congress of March 3, 1825, 3 Story, U. S. Laws, 2002, has since provided as fol lows: 14, That if any person, upon his or her arraignment upon any indictment before any court of the United States for any offence not capital, shall stand mute, or will not an swer or plead to such indictment, the court shall, notwithstanding, proceed to the trial of the person so standing mute, or refusing to answer or plead, as if he or she had pleaded not guilty, and, upon a verdict being.returned by the jury, may proceed to render judgment accordingly. A similar provision is to be
found in the laws of Pennsylvania and New York. 2 Rev. Stat. 730.
In former times, in England,the terrible pun ishment or sentence of penance or peine (pro bably a corrupted abbreviation of prisons) fort et dure was inflicted where a prisoner would not plead, and stood obstinately mute. This judgment of penance for standing mute was as follows : that the prisoner be remanded to the prison from whence he came, and put, into a low, dark chamber, and there be laid on his back, on the bare floor, naked,—unless where decency forbids ; that there be placed upon his body as great a weight of iron as he oould bear ; and, more that he have no sus tenance, save only on the first day three mor sels of the worst bread, and on the second day three draughts of standing water that should be nearest to the prison-door ; and in this situation this should be alternately his daily diet till he died or (as anciently the judgment ran) till he answered. Britton, e. 4, 22 ; Fleta, lib. 1, c. 34, 33. See PEINE