So far Markham: but according to another account, when Rupert told him that there would be no battle, the Duke betook himself to his coach, "lit his pipe, and making himself very comfortable, fell asleep." The original authority, however, for the whole story is to be found in a paper of notes by Clarendon on the affairs of the North, preserved among his MSS. In this paper Clarendon writes: "The marq. asked the prince what he would do? His highness answered, 'Wee will charge them to-morrow morninge.' My lord asked him whether he were sure the enimy would not fall on them sooner? He answered, 'No'; and the marquisse thereupon going to his coach hard by, and callinge for a pype of tobacco, before he could take it the enimy charged, and instantly all the prince's horse were routed." Gardiner evidently follows this account, for his version of the story is: "Newcastle strolled towards his coach to solace himself with a pipe. Before he had time to take a whiff, the battle had begun." The incident was made the subject of a picture by Ernest Crofts, A.R.A., which was exhibited at the Royal Academy in 1888. It shows the Duke leaning out of his carriage window, with his pipe in his hand. Among the documents in the possession of the Society of Antiquaries of Scotland there is a letter patent under the great seal of Charles I, in 1634, granted for the purpose of correcting the irregular sales and restraining the immoderate use of tobacco in Scotland. The letter states that tobacco was used on its first introduction as a medicine, but had since been so largely indulged in and was frequently of such bad quality, as not only to injure the health, but deprave the morals of the King's subjects. These were sentiments worthy of King James. Mr. Matthew Livingstone, who has calendared this document, says that the King therein proceeds, in order to prevent such injurious results of the use of tobacco, to appoint Sir James Leslie and Thomas Dalmahoy to enjoy for seven years the sole power of appointing licensed vendors of the commodity. These vendors, after due examination as to their fitness, were to be permitted, on payment of certain compositions and an annual rent in augmentation of the King's revenue, to sell tobacco in small quantities. The letter further directs that the licensees so appointed shall become bound to sell only sound tobacco--an admirable provision, if a trifle difficult to enforce--and to keep good order in their houses and shops. "The latter clause," adds Mr. Livingstone, "would almost suggest that the tobacco was to be sold for consumption on the premises,"--as I have no doubt it was--"and that the smokers were probably in the habit at their symposiums of using, even as they may still, I dare say, other indulgences not so soothing in their effects as the coveted weed"--a suggestion for which there seems little foundation in the clause to which Mr. Livingstone refers.