A few days later Nuncomar was thrown into prison on a charge of forgery preferred by a private prosecutor, tried before the supreme court sitting in bar, found guilty by a jury of Englishmen and sentenced to be hanged.
The treatise was therefore written before the birth of Boetius, if it be not a forgery; but there is no reason to suppose that the treatise was not a genuine production of the time to which it professes to belong.
As Dionysius of Halicarnassus (Judicium de Thucydide, c. 23) distinctly states that the work current in his time under the name of Cadmus was a forgery, it is most probable that the two first are identical with the Phoenician Cadmus, who, as the reputed inventor of letters, was subsequently transformed into the Milesian and the author of an historical work.
Those who believe the " Declaration " to be spurious argue that survivors remembered only one such document, that the Resolutions might easily be thought of as a declaration of independence, that Governor Martin in all probability had knowledge only of these and not of the alleged " Declaration," and that the dates of publication in the Raleigh and Charleston newspapers, and the politics of those papers, show that the Resolutions are authentic. In July 1905 there appeared in Collier's Weekly (New York) what purported to be a facsimile reproduction of a copy of the Cape Fear Mercury which was referred to by Governor Martin and which contained the " Declaration "; but this was proved a forgery.'
13,696 of the Correspondence, is acknowledged to be a forgery - there is not a sign that he regarded the Spaniards as of any account.