7 Jan. 46

years which followed the concordat, every word and every action of Ours was ruled by loyalty to the terms of the agreement; but also he will have to recognize with surprise and deep disgust that the unwritten law of the other party has been arbitrary misinterpretation of agreements, circumvention of agreements, weakening of the force of agreements and, finally, more or less open violation of agreements.

"Only 10 days after the Concordat was signed ... "

THE PRESIDENT: None of this is in our book.

COL. WHEELER: That's not in your book?

THE PRESIDENT: Not what you've been reading. The first paragraph, down to the words "destructive religious wars" is in our book. The rest isn't in it.

COL. WHEELER: I think there must have been an error today then, Sir. There was a second edition of that 3280, which contains the second paragraph. I'll have that substituted as soon as this is over.

THE PRESIDENT: All right.

DR. ALFRED SEIDL (Counsel for Defendant Frank): The United States Prosecution said earlier in the proceedings that a certain part of the material now being presented as evidence in the question of the opposition to the churches was made available by the Vatican. The Defendant Hans Frank has just sent me some questions which I do not want to withhold from the Tribunal. The questions are these:

1. Is the Vatican a Signatory to the Charter of the International Military Tribunal?

2. Did the Vatican deliver the material in an accusatory capacity?

3. Has the Vatican, acting as a co-prosecutor, identified itself with the principles of these proceedings?

The Defendant Hans Frank adds by way of explanation that his continued membership in the Roman Catholic Church depends on the reply to these questions.

THE PRESIDENT: I think it desirable that the Tribunal understand your objections. The first question that you ask is: Is the Vatican a Signatory to the Charter? Is that right?

DR. SEIDL: Yes.

THE PRESIDENT: Your second question was what? What was your second question?

DR. SEIDL: The second question is: Whether the Vatican submitted the material which is now being presented, acting as co-prosecutor?