case the king against cowper to hire a boat for the purpose and intention of  assist the king enemy be indictable at commonlaw as misprision of treason  indictment against the defendant set forth that there be a war with Lewis the  French king that during the continuance of that war the defendant hire a boat  for twenty guinea falsely wickedly et proditory to assist the king modern  enemy that the boat so hire be bring to the shore in order to embark he and  other where he be take this matter be all find by verdict it be move in arrest  of judgement that this be not a offence at commonlaw for then any act which  show a intention to do a unlawful thing will be a fault as if a man hire a  house with a intention to set up a unlawful trade if the fact itself do not  import any malicious design then the find of the jury will not alter the  nature of it show b if then there be nothing in this indictment which savour  of a modern er p offence at commonlaw there be nothing prohibit by any statute  for a intention to do a unlawful act be no crime by either law in this case it  be not so much as say that the defendant endeavour to go beyond sea without  the king licence to which it be answer that it be a crime to hire a boat to  assist the king enemy with a open and manifest attempt by visible act so to do  see Lord preston case state trial foster crown law c as if a man prepare a  plate of the breadth of the broad seal and by some plain act it shall appear  that he design to have   it and be take before his design be bring to  perfection although this do not amount to high treason yet it be a  misdemeanour it be a innocent act to lie in a hedge but if it be with a  intention to attempt the queen consort and that appear it be a high crime a  intention to fight duel be a misdemeanour and punishable by fine and  imprisonment and therefore if challenge be send to another though the party  never fight yet both he who send and he who carry the challenge be  punishableSee the case of darcy v Robinson Keble and darcy v Collins side d  accord to the rule which be mention by my Lord coke Inst e when to some degree  to hold before to hold before et all things per quod come to ad mud the  knowledge and concealment of treason be misprision thereof which be punish by  imprisonment during life and forfeit of the good and profit of land during  life hale p c f now since the law inflict so high a punishment upon the  conceal a treason it can be a question but the bare intention to commit so  high a crime be punishable likewise at commonlaw modern it be no argument to  say that because the defendant be not guilty of the high offence therefore he  be guilty of none for there be gradation in law which vary the offence of man  and proportion their punishment to their crime curian the very intention to  commit treason be regard in law and any preparation to assist the king enemy  be a prejudice to the public and therefore a offence at commonlaw our action  be govern by intention as qualify by they so that in diverse case the  intention make the act more or less criminal whereupon the judgement be affirm  and the defendant fine one hundred mark and commit till pay