40 
MORTON. 
litical ends of the ftatutes of mortmain ; it is therefore 
enabled by the flatute 9 Geo. II. c. 36. that no lands or 
tenements, or money to be laid out thereon, (ball be given 
for or charged with any charitable ufes whatfoever, un- 
lefs by deed indented, executed in the prefence of two 
witneftes twelve calendar months before the death of the 
donor, and enrolled in the court of chancery within fix 
months after its execution, (except flocks in the public 
funds, which may be transferred within fix months pre¬ 
vious to the donor’s death ;) and unlefs fuch gift be made 
to take effeft immediately, and be without power of re¬ 
vocation ; and that all other gifts (hall be void. The two 
univerfities, their colleges, and the fcholars upon the 
foundation of the colleges of Eton, Winchefter, and Weft- 
minfter, are excepted oat of this act; but fuch exemp¬ 
tion was granted with tnis provifo, that no college (hall 
be at liberty to purcha’e more advowfons than are equal 
in number to one moiety of the fellows or fludents upon 
the refpeftive foundations. 
It hath been determined, that, if a man devifeth his 
land to truflees, “ to be turned into money, and.that 
money laid out in a charity,” it is not good within the 
laft-cited aft ; for it is an interefl arifing out of land. So 
a devife of a “ mortgage,” or of a “ term for years,” to 
a charity, is not good ; for the words of the ilatute are, 
that the lands ft all not be “ conveyed or fettled, for any 
eftate or interefl whatfoever, or any ways charged or in- 
cumbered, in trull or for the benefit of any charitable ufe.” 
So alfo, “ money given to be laid out in landsd’ is ex- 
prefsly within the aft; but money given generally is not; 
and, if money be given to be laid out “ in lands or other- 
wife,'" to a charitable ufe, it hath been determined that 
fuch devife is good, by reafon of the words “ or other- 
wife.” By 4-3 Geo. III. c. 108. perfons may give, by deed 
enrolled in fuch manner and within fuch time as is di¬ 
rected in England by 27 Hen. VIII. or bequeath by will 
or teftamenf, duly executed at lead three calendar months 
before their death, to any perfon or perfons, or body po¬ 
litic or corporate, and their heirs and fucceffors, land 
not exceeding five acres, or chattels not exceeding in va¬ 
lue 5 col. for or towards the erefting, repairing, purchafing, 
or providing, any church or chapel, where the liturgy and 
rites of the faid church are or dial 1 be uled or oblerved, or 
any manfion-houfe for the residence of any minifler of the 
faid united church, officiating or to officiate in any fuch 
church or chapel, &c. &c. Blaclijtone's Com. book ii. c. 18. 
Highmore's Hijl. of Mortmain. 
MOR'TON (James, Earl of), regent of Scotland, was 
born at Dalkeith in 1530, and educated under the famous 
Buchanhjn at Paris. He returned to Scotland in 1554., 
and greatly promoted the reformation; but, being ac- 
cufed of a concern in the murder of Rizzio, and after¬ 
wards of lord Darnley, he fled to England. He was af¬ 
terwards made chancellor of Scotland, and, in 1572, fuc- 
ceeded the earl or Mar as regent; which office he refigned 
in 1579. He was condemned for high treafon in 1581; 
and, what is remarkable, was beheaded by a machine, the 
model of which he had feen in England. It was called 
the maiden, and refembled the guillotine, fince fo much 
uled in France. Morton was the firfl and lafl who dif¬ 
fered by it in Scotland. ‘ See the article Scotland. 
MOR'TON (Thomas), an eminent prelate of the church - 
of England, was born at York in the year 1564. He was 
initiated in the rudiments of learning at his native city 
and at Halifax; and in 1582 was fent to St. John’s college, 
Cambridge. Two years afterwards he was elefted into a 
fcholarfhip in that houfe, confined to natives of York¬ 
shire. In 1586, he was admitted to the degree of B.A. 
and in 1590 to that of M. A. having performed the re- 
quifite exercifes on thofe occafions with diflinguifted ap¬ 
probation and applaufe. In 1592, he flood candidate for 
a fellowftip of lfis college, and proved fuccefsful againft 
feveral competitors folely on the ground of his fuperior 
merit. About the fame time he was chofen logical lec¬ 
turer to the uijivjerfity, and difeharged the duties of that 
office with great diligence and ability. In the fame year 
he was admitted into holy orders, and led a college-life 
for about five years afterwards, afliduoufly occupied in his 
private ftudies, as well as the department of tutor. Having 
taken his degree of B. D. in 1598, he was prefented, about 
the fame time, to the reftory of Long Marllon, near York. 
In 1602, when the plague raged violently at York, and 
the iufefted poor were removed out of the city into 
booths erefted on an adjacent moor, Mr. Morton exhi¬ 
bited fuch proofs of Chriflian courage and true benevo¬ 
lence as ought to be'recorded to his honour. For he 
would often repair to thefe abodes of contagion, where 
he preached and adminiftered fpiritual comfort to the 
wretched people; and he alfo carried with him on his 
horfe large quantities of provifions for their relief, not 
fullering any fervant to attend him ; but choofing alone 
to run the rifle of fuch a dangerous intercourfe. In the 
fame or in the following year he embraced the opportu¬ 
nity which was offered him of vifiting foreign countries, 
by accepting the appointment of chaplain to lord Eure, 
queen Elizabeth’s ambaffador to the emperor of Germany 
and the king of Denmark ; by which means he was ena¬ 
bled to vifit fome of the principal German univerfities, 
to colleft valuable books, and to improve himfelf in the 
converfation of feveral of the moll learned men of the 
times. Upon his return to England, he became domeftic 
chaplain to the earl of Rutland; and in 1606 proceeded 
D. D. at Cambridge. About the fame time he was ap¬ 
pointed chaplain in ordinary to king James I. and foon 
afterwards received from his majefly a prefentation to the 
deanery of Gloucester. In 1609 he was removed from 
Gloucefler to the deanery of Winchefter, and collated by 
the bifhop of that fee to the reftory of Alresford in Hamp- 
fliire. In 1610 he was made a prebendary of York; and 
would have been chofen prolocutor of the lower houfe of 
convocation, had not his modefly led him to decline that 
honour in favour of one of his friends. About this time 
he formed an intimate acquaintance with the learned Ifaac 
Cal'aubon, which continued uninterrupted till the death 
of the latter, to whofe memory Dr. Morton erefted a mo¬ 
nument in Weflminfler-abbey. 
In the year 1616 the king raifed Dr. Morton to the 
epifcopal rank, by nominating him to the fee of Chefler. 
When he came to his diocefe, finding that it abounded 
in nonconformifts, proteflant as well as popifh, after citing 
before him fome of the leading men among the former, 
he endeavoured, in a public and folemn conference with 
them, to remove their fcruples on various points, parti¬ 
cularly, the ufe of the furplice, the crofs in baptifm, and 
the ring in marriage. His efforts for this purpofe, how¬ 
ever, proved unfuccefsful; but, conceiving that his argu¬ 
ments were of fufficient weight to preferve others within 
the pale of the church, he thought it his duty afterwards 
to publifh a relation of this conference, with fome addi¬ 
tions, under the title of “ A Defence of the Innocency 
of the three Ceremonies of the Church of England,” See. 
1619, 4to. With ref'peft to the papifts, the bifhop adopted 
another method, which led the way to a projeft that, 
upon its revival in the reign of Charles I. produced con- 
vulfions in every part of the kingdom. Being perfuaded 
that it was the policy of the popifh party to keep the 
people from church by dancing and other recreations, 
even in the time of divine fervice, efpecially on holy 
days, and the Lord’s day in the afternoon, he devifec! an 
expedient for counteracting it, by authorifing the prac¬ 
tice of certain recreations after the time of fervice, with 
reflriftions, prohibiting papifts from fuch indulgence, as 
well as thofe who were not prefent at the whole of divine 
fervice, or who did not attend in their own parift-clmrches. 
On this fubjeft he held confultations with the king, and 
by his majefly’s command drew up that famous declara¬ 
tion which was pu'olifhed in 1618, and is generally known 
by the name of “The Book of Sports.” This declara¬ 
tion was ordered to be read in all the churches of Lanca- 
fnire, and it was intended that the example fhouid be fol¬ 
lowed 
