ON the 10th of October our Cannon for Battery arrived in the Camp before Kinsale , they having been retarded some time by six days continued Rains , which very much incommoded the Besiegers , whereby they were only contented to remain in their Trenches , without making any considerable Progress . On the 12th a Battery was raised and planted , of 12 Demy-cannon , which played all the succeeding Night , both upon the Counterscarp and Fort , and the next Morning the Earl of Malborough commanded an Attaque to be made on two several Places of the Counterscarp , and after an Hours Assault we entred the same , putting all we found to the Sword , which were about 40 ; our Men forthwith made a Lodgment thereon , notwithstanding the Enemy sallied out to impede us , but they were driven back with great Loss . On the 13th and 14th we continued to enlarge the Breach in the New Fort and widen our Trenches , disposing all things for a General Assault , and those within made a Shew as if they would abide the Storm , the Governour Sir Edward Scot , late Deputy Governour of Portsmouth , returning Answer to the Earl of Malborough's second Summons , That he was resolved to abide the last Extremy : But on Wednesday the 15th , in the Afternoon , just as our Men were beginning the Storm , in the midst of the shooting , a Drum beat a Parlee ; which Colonel Fitz-Patrick , who commanded in chief the Attaque , observing , discontinued firing , and sent to know the Demands : Who answered , That the Governour desired that a Colonel and Lieutenant Colonel should be sent into the Fort , and he would send two of the like Quality into the Camp , by way of Hostage , in order to treat of something relating to the Fort : which being accordingly done , it was that Evening capitulated and agreed to , and signed by the Earl of Malborough ; Considering the Advance of the Season , and the very wet Weather , That the Garrison , being three broken Regiments , should march out with Bag and Baggage , and the usual Ensigns of Honours , to have several Dayes Provision , and to be conducted half way to Limerick ; and that the Morrow , being Thursday , two Regiments of our Men should take possession of the Gates : And a particular Article was made in favour of the Governour , That he should have the Liberty of three Months to go out of the Kingdom . On Thursday , accordingly , our Men took Possession , when the aforesaid Colonel Fitz-Patrick was sent Express , by the Earl of Malborough , to give his Majesty an account ; and he arrived here the close of the last Week , and says , That on Fryday the Irish were to march out , being not above 1000 Men : And that Colonel Churchil his Lordship's Brother is made Governour thereof .