Marcin Rebes Tolerance versus humanism - Andrzej Frycz Modrzewski Thinking about tolerance on the one hand carries the burden of the­ oretical pondering based on an accepted abstract idea, and on the other hand - an experience of a specific person. The renaissance pe­ riod adopted both such principles. Tolerance was an idea for huma­ nists, whilst for the people of the time it was becoming an experien­ ce observed in the world. The development of tolerance usually took place in times of conflict and crisis; it was also such in this case. As a humanist, Andrzej Frycz Modrzewski assumes that the individu­ al is reasonable and free, giving an example of the liberty and inde­ pendence of thinking and actions of a human being. Humanism re­ surrected the internal and external activity in man, and a tendency for opting for that, which is worldly and remains in the range of his perception. This idea found favourable conditions also in the form of social changes in the Republic of Poland. The social tensions, esta­ blished on the grounds of a conflict between the nobility and towns­ folk, led to the elimination of the latter group from social life. For example, the General sejm in Piotrków in 1496 deprived the towns­ folk the possibility of getting rich on trade1, contributing to the fall 1 The sejm exempts the nobility from having to pay commercial tax on im­ port and export of agricultural products, and at successive sessions, decides on 48 Marcin Rebes of the cities. People who were well-educated and characterised by great creativity left the cities and returned to the farms, attempting to gain nobleness there. Not only the unequal taxes, but also the lack of possibility to buy land and holding higher positions in the Church caused these two states to clash. Frycz Modrzewski was born in 1503 in the family of the Wolborz mayor, who possessed a noble title, although in a sense, holding this position and the outlooks of the father rather gave away middle-class inclinations of Frycz. Modrzewski, however, leaves the home which connects both middle-class and noble traditions. A similar social stratification to the one seen in Poland, also existed in other parts of the continent. In the south of Europe, in Italy, a social conflict, on the grounds of which the movement called humanism came into being, concerned possessors of latifundia and the middle-class. In Poland, another social group next to the middle-class that was excluded in important socio-political disputes was the peasantry. Frycz will refer to them in his tract on manslaughter2* . He wants the law to oblige in an equal way for a peasant, as well as a noble. All in all, he is concerned with the law based on equality of citi­ zens. This idea was very bold for those times and two centuries ahead of introducing the first constitution in Europe, which the Polish citi­ zen received in 1791. Modrzewski did not propose the abolishment of introducing a prohibition for townsfolk to buy land. Here, they referred to patriotic reasons, as the nobility guarded the motherland, helping her should a war break out. 2 Modrzewski wrote four speeches on this subject, among which his first was titled: Łaski, czyli pierwsza mowa o karze za mężobójstwo [Lascius, or on the pen­ alty for manslaughter!. Later, he also wrote: Do senatu, szlachty i narodu polskiego - druga mowa o karze za mężobójstwo [To the Senate, nobility and the Polish nation - the second speech on the penalty for manslaughter], Do arcybiskupów, biskupów i kapłanów kościołów - trzecia mowa o karze za mężobójstwo [To archbishops, bish­ ops and priests of churches - the third speech on the penalty for manslaughter] and Do narodu i ludu polskiego skarga na wzgardzenie prawa o mężobójstwo - czwarta mowa o karze za mężobójstwo [To the nation and Polish people, a complaint for scorning the law on manslaughter - the fourth speech on the penalty for manslaughter]. Tolerance versus humanism... 49 divisions in the country or equalising the states, but only legal equal­ ity. This idea, which gives citizen equal rights is a certain cultural and political breakthrough and initiates a movement in favour of a civil country. There is no purpose in seeking the term tolerance in Fryczs legacy, as this term may have a negative connotation for him con­ nected with the noble state, which was marked by excessive freedom and moral liberty. In the case of Modrzewski, however, tolerance has a moral overtone based on the faith in mans common sense and his freedom. In reference to the second definition, by no means can free­ dom, understood in the renaissance sense as the freedom of the in­ dividual building a country on social contract be accepted. Fryczs thinking, however, remains a milestone on the road to democracy and a civil country based on law. He is definitely an outstanding rep­ resentative of the renaissance, for he concentrates on the value of the individual, especially its mind power and ethical-moral principles. He dismisses the outlook, that man’s qualities are the result of his be­ longing to the noble state, but the morality coded in the mind. The Republic versus social and cultural reforms Apart from the social conflict experiences observed in the early pe­ riod of the writers life, there are others to be added, such as the re­ formation and trend called humanism coming into existence. Mo- drzewskis particularly strong commitment to political, social and religious matters can be observed after his return from his studies abroad, dated to be the year of 1541. Shortly before his arrival in Po­ land, however, some important events take place connected with the attempt to reform the law through King Sigismund I the Old. This concerns the dismissal of the act in the matter of manslaughter pas­ sed by the sejm in 1494. The king wanted to abolish it in 1538, sub­ mitting it to a debate in the sejm; however, due to the opposition of the nobility, nothing came of the reform. When he returned to the country, Modrzewski writes his speeches taking up the problem of 50 Marcin Rebes legal equality, addressed to the senate and nobility, bishops and cler­ gymen, as well as to the Polish nation respectively. He publishes his first speech in the case of the punishment for a murder by a noble and peasant in 1543, that is two years after his return. Among others, he writes: It is truly pathetic to entrust a changeable and fluid judgement of fate, what should result from common sense. Why then, does the law, against which both the rich and the poor sin, stipulate a punish­ ment that the rich and poor cannot suffer in an equal degree3. Modrzewski postulates, that in both cases, murder is wrong, for which the same punishment should be inflicted. A lack of an adequate punishment for a noble encourages him to solve conflicts in the same manner, taking the life of a peasant. Striving for equal rights of all people in Lascius, or on the penalty for manslaughter, shows a wider spectrum of what the authors tolerance is about. The meaning and character of tolerance itself were subject to great change over the years in history. In order to be able to talk about tolerance in the modern meaning, first one had to work on certain atti­ tudes in society and dispose of beliefs about the dominating role on one state at the cost of another. In this process, one cannot omit such cultural achievements like the freedom of man and observance of the law, which equally protects and lays responsibility upon every human being. The modern understanding of tolerance from the perspective of dialogue is based on personal relations, as well as respect towards so­ cial groups, including ethnic or national. In order to do this, cultural and social preparation was needed, emphasising the freedom and rea­ son of the individual, regardless of origin. Tolerating attitudes and an appurtenance to a specific group increases from the respect of man and seeking for a worthy adversary in him, disregarding his opinions. 3 A.F. Modrzewski, Łaski, czyli pierwsza mowa o karze za mężobójstwo, [w:] Mowy, thim. E. Jędrkiewicz, wstęp Ł. Kurdybacha, Warszawa 1954, s. 63 n„ Dzieła wszystkie, t. 2. Tolerance versus humanism... 51 Frycz Modrzewski mentions equality from the perspective of origin. He dismisses the standpoint, in which the respect of a human being and his rights is practised on other circumstances. The arguments that he uses in his defence are of moral character. Restraint and dialogue Next to his speeches on the matter of manslaughter, Modrzewski is the author of yet another very well-known work: O poprawie Rzeczy­ pospolitej [On the improvement of the Republic]. As he did in the first work, here, he also lays out the rightness of his arguments, basing on common sense and reason. This tract consists of five books with the following titles, respectively: O obyczajach [On customs], O pra­ wach [On laws], O wojnie [On war], O Kościele [On the Church] and O szkole [On school]4. The first three were published in 1551, the two remaining did not receive imprimatur and that is why they were pla­ ced on an index of forbidden books. When it comes to tolerance in this context, there are two impor­ tant spheres involved, that is “educating and bringing up the nation and a necessity of summoning a synod”, as well as “admitting other layers besides nobility to take part in social and political life”. The first aims at shaping the human beings attitude, which controls its negative incentives, going by a restrained but open mind.