Nicodemus said to them. The Evangelist describes Nicodemus as a neutral man, who does not venture to undertake in good earnest the defense of sound doctrine, and yet cannot endure to have the truth oppressed. He who came to Jesus by night. This circumstance is mentioned by the Evangelist, partly to the praise, and partly to the disgrace, of Nicodemus. If he had not loved the doctrine of Christ, he would never have dared to meet the rage of wicked men; for he knew that, if any of them but opened his mouth, he would be immediately exposed to dislike and to danger. When, therefore, he ventures to throw out one word, however feeble it may be, some small spark of godliness shines from his heart; but in not defending Christ openly, he manifests excessive timidity. Thus the Evangelist means that he has still a hankering after the concealment of the night, and is not a true disciple of Christ. He says that he once came to Jesus by night, but remained openly among his enemies, and kept his place in their camp. This ought to be the more carefully observed, because there are many in the present day who plead that they resemble Nicodemus, and hope that, by assuming this mask, they will mock God with impunity. Granting what they ask, that there is no difference between them and Nicodemus, what assistance, pray, do they derive from such an example? Nicodemus says that Christ ought not to be condemned until he be heard; and the same thing might be said of a robber or an assassin; for it is a well-known and proverbial sentiment, that it is better to acquit the innocent than to condemn the guilty. Besides, in his attempts to release the person of Christ, he leaves and abandons the doctrine. What shall we find here that is worthy of a believer or a Christian? [1] Thus the seed of the gospel, which afterwards bore fruit, was still concealed and choked in him. We shall apply this example far more profitably to another purpose, that the Lord frequently causes the doctrine, which seemed to have perished, gradually to take a concealed root, and, after a long period, to put forth some bud, first like an untimely plant, afterwards lively and vigorous; just as the faith of Nicodemus acquired new and sudden vigor from the death of Christ.

Footnotes

1 - "D'un homme fidele et Chrestien."

Nicodemus - See John 3:1.
One of them - That is, one of the great council or Sanhedrin. God often places one or more pious men in legislative assemblies to vindicate his honor and his law; and he often gives a man grace on such occasions boldly to defend his cause; to put men upon their proof, and to confound the proud and the domineering. We see in this case, also, that a man, at one time timid and fearful (compare John 3:1), may on other occasions be bold, and fearlessly defend the truth as it is in Jesus. This example should lead every man entrusted with authority or office fearlessly to defend the truth of God, and, when the rich and the mighty are pouring contempt on Jesus and his cause, to stand forth as its fearless defender.

Nicodemus - being one of them - That is, a Pharisee, and a ruler of the Jews: see on John 3:1 (note).

Nicodemus saith unto them,.... To the Jewish sanhedrim, who were running down Christ, and his followers, in great wrath and fury:
he that came to Jesus by night; see John 3:1;
being one of them; a member of the sanhedrim.

Nicodemus--reappearing to us after nearly three years' absence from the history, as a member of the council, probably then sitting.

Nicodemus. See John 3:1.
Dost our law judge, etc.? Of course it did not, but for him to say a word in defense of justice brought the charge that he was a follower of the Galilean.
Out of Galilee ariseth no prophet. The rulers in their rage make a false statement. Jonah (2-Kings 14:25), Elijah (1-Kings 17:1) and Nahum (Nahum 1:1) were all of Galilee.

Nicodemus, he that came to him by night - Having now a little more courage, being one of them - Being present as a member of the great council, saith to them - Do not we ourselves act as if we knew not the law, if we pass sentence on a man before we hear him?