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What the Fathers say
Eastern Fathers
John Chrysostom
He showeth that they neither know the Law, nor do the Law; for if that Law commandeth to kill no man without first hearing him, and they before hearing were eager for this deed, they were transgressors of the Law. And because they said, "None of the rulers hath believed on him" (ver. 50), therefore the Evangelist informs us that Nicodemus was "one of them," to show that even rulers believed on Him; for although they showed not yet fitting boldness, still they were becoming attached to Christ. …
Theophylact of Ohrid
What does Nicodemus point out to them? He says: "Does our Law condemn a man without first hearing him?" By this he shows that they neither read the Law nor fulfilled its requirements, although they boasted much about lawfulness. For if the Law commands not to kill anyone without a prior trial, yet they were eager to do so without first hearing Him, then obviously they are transgressors of the Law. …
Western Saints
Augustine of Hippo
He replies, Doth our law judge any man before it hear him, and know what he doeth? He thought that, if they would only hear Him patiently, they would be overcome, as the officers had been. But they preferred obstinately condemning Him, to knowing the truth. He calls the law of God, our law; because it was given to men.
Thomas Aquinas
The advice of Nicodemus is given when he says: Does our law judge a man without first hearing from him and knowing what he has done? For according to the civil laws, a judgment was only to be given after a complete investigation. This is why we read: "It is not the custom of the Romans to condemn any man before he has his accusers face him, and can defend himself from the charges" (Acts 25:16). "I diligently investigated the stranger's cause" (Jb 29:16). …
Bonaventure
"Does our Law judge a man unless it has first heard from him and known what he does?" As if to say: no. Deuteronomy 17: "When upon hearing you shall have inquired diligently," etc. Job observed this law, chapter 29: "The cause which I did not know, I diligently investigated." The Romans observed this law; Acts 25: "It is not the custom of the Romans to condemn any man before the one who is accused has his accusers present and receives opportunity to defend himself in order to clear the charges."
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