Nicodemus said to them, (he that came to him by night, who was one of them:)

“After the Lord has treated of the origin of his teaching and of the one teaching, as well as of its end, here he consequently invites to the teaching itself. First is set down Christ's invitation; second, the dissension of the crowds, where it says, "from that hour therefore," etc. Concerning the first he does three things. First is set down the manner of inviting; second, the invitation itself, where it says, "if anyone thirst, let him come to me"; third, an exposition is added, where it says, "but this he said of the Spirit." Now the manner of inviting is to be considered in three respects: namely as to the time of the invitation; as to the position of the one inviting; as to the effort of the one calling. As to the time, because it was "on the last, the great day of the festivity"; for, as has been said, that feast was celebrated for seven days, and the first and last days were the more solemn, just as among us the first day of a feast and the octave are the more solemn. This, then, which the Lord did here, he did not do on the first day, because he had not yet gone up to Jerusalem, nor on the intervening days, but on the last; and this because few are they who celebrate feasts in a spiritual manner; and therefore he does not invite them to the teaching from the beginning, lest through the vanities of the following festival days it be blotted out from their hearts, since, as is said in Luke 8:7, "the word of the Lord is choked by thorns" — but he invites them on the last day, so that it might be impressed more tenaciously upon their hearts. As to the position, because "Jesus stood." Here it must be known that Christ taught both sitting and standing. Sitting, indeed, he taught the disciples, Matthew 5:1; but standing, the crowds, as here. And from this a custom grew up in the Church, that preaching to the crowds be done standing, but to religious and clerics, sitting. The reason for this is that, since preaching to the crowds is, as it were, for converting them, it is done by way of exhortation; but when preaching is done to the clergy, as it were to those already existing in the house of God, it is a kind of commemoration. As to the effort of the one calling, because "he cried out," namely so as to show his security; Isaiah 40:9: "lift up your voice with strength... lift it up, fear not." And so that he might be heard by all; Isaiah 58:1: "cry, cease not, lift up your voice like a trumpet." And so as to show the greatness of the things to be said; Proverbs 8:6: "hear me, for I am about to speak of great things." Consequently, when he says "if anyone thirst, let him come to me," the invitation is set down, and first he shows who are invited; second, what is the fruit of the invitation. Now those who thirst are invited; hence he says "if anyone thirst, let him come to me, and drink." Isaiah 55:1: "all you who thirst, come to the waters." He calls those who thirst for this reason, because such are they who desire to serve God. But God does not accept forced services; 2 Corinthians 9:7: "God loves a cheerful giver." And because of this it says in Psalm 53:8: "I will sacrifice freely." Of such it is said in Matthew 5:6: "blessed are they who hunger and thirst for justice." And the Lord calls these not partially, but all; hence he says "if anyone thirst," as if to say, whoever he may be; Ecclesiasticus 24:26: "come over to me, all you that desire me, and be filled with my generations"; 1 Timothy 2:4: "he wills all men to be saved." Now he invites to drinking; hence he says "and drink." For this drink is spiritual refreshment in the knowledge of divine wisdom and truth, and also in the fulfillment of desires. Isaiah 65:13: "my servants shall drink, and you shall thirst"; Proverbs 9:5: "come, and eat my bread, and drink the wine which I have mingled for you"; Ecclesiasticus 15:3: "he shall give him the water of wholesome wisdom to drink." Now the fruit of this invitation is a redounding of goods to others; hence he says, "he who believes in me, as the Scripture says, out of his belly shall flow rivers of living water." This, indeed, according to Chrysostom, is to be read thus: "he who believes in me, as the Scripture says" — here you should make a subdivision by punctuation — and afterward follows "out of his belly shall flow rivers of living water." For if you say "he who believes in me," and afterward there follows "as the Scripture says, rivers," etc., it does not seem fitting, because that which is said, "out of his belly shall flow rivers of living water," is not found in any book of the Old Testament. In this way, then, it should be said: "he who believes in me, as the Scripture says" — that is, according to the teachings of Scripture; above, verse 39: "search the Scriptures... it is they that give testimony of me." And then, "out of his belly shall flow rivers of living water." And he says "he who believes in me," whereas above he had said "he who comes to me," because to believe and to come are the same thing; Psalm 33:6: "come to him, and be enlightened." According to Jerome, however, it is punctuated otherwise, thus: "he who believes in me," and afterward is added "as the Scripture says, out of his belly shall flow rivers of living water." Which, as he himself says, is taken from Proverbs; Proverbs 5:15: "drink water out of your own cistern, and the streams of your own well: let your fountains be conveyed abroad." It must be known, moreover, according to Augustine, that rivers proceed from fountains as from a principle. Now he who drinks a bodily drink has in himself neither a fountain nor a river, because he tastes but a small portion of water; but he who drinks by believing in Christ draws in a fountain of water, which, once drawn, gives life to the conscience, which is the belly of the interior man, and it too will itself become a fountain. Hence it is said above, John 4:13: "he who shall drink of this water, in him it shall become a fountain of water springing up." Now this fountain which is drawn in is the Holy Spirit, of whom it is said in Psalm 35:10: "with you is the fountain of life." He, therefore, who drinks in such a way that it profits himself alone, the gifts of graces, which are signified by rivers, do not flow as living water out of his belly; but he who hastens to take counsel for his neighbor, and to communicate to others the diverse gifts of grace received from God, out of his belly flow rivers of living water. On account of which Peter says: "as every man has received grace, ministering the same one to another." Now he says "rivers" to signify the abundance of spiritual gifts promised to the faithful; Psalm 64:10: "the river of God is filled with water." Likewise their impetus; Isaiah 27:6: "they that come of Jacob shall blossom and bud, and shall fill the face of the world with seed"; and in Psalm 45:5: "the violence of the river makes the city of God joyful." Hence, because the Apostle was moved by the instinct and fervor of the Holy Spirit, he said: "the charity of Christ presses us"; and Romans 8:14: "they who are led by the Spirit of God, they are the sons of God." Likewise, the division of the gifts of the Holy Spirit: because, as is said in 1 Corinthians 12:10: "to another, kinds of tongues; to another, kinds of healings," and so on. Now rivers of this kind are living waters, because they are continuous with their principle, namely the indwelling Holy Spirit. Consequently, when he says "but this he said of the Spirit," he explains what he had said; and first the explanation is set down; second, the reason for the explanation is assigned, where it says "for as yet the Spirit was not given." He says, then, that he said, "out of his belly shall flow rivers of living water." But the Evangelist says this must be understood of the Spirit "whom they should receive who believed in him," because he himself is the fountain of life and the river. The fountain, of which it is said in Psalm 35:10: "with you is the fountain of life, and in your light we shall see light." The river, indeed, because it proceeds from the Father and the Son. Apocalypse, last chapter, 1: "the angel showed me a river of water of life, clear as crystal, proceeding from the throne of God and of the Lamb"; Isaiah 42:1: "he has given his Spirit," namely to those obedient to him. He assigns the reason for this explanation, saying "for as yet the Spirit was not given"; and he says two things: namely, that the Spirit was not yet given, and that Christ was not yet glorified. Concerning the first there is a twofold opinion. For Chrysostom says that the Holy Spirit was not given to the apostles, as regards the gifts of prophecy and of miracles, before the resurrection of Christ. Hence this grace, which had been given to the prophets, had failed from the earth up until the coming of Christ, nor was it given to anyone thereafter until the aforesaid time. And if it is said that the apostles cast out demons before the resurrection, it must be understood that these were not cast out by the Spirit, but by that power which was from Christ. For when he sent them out, it is not said that "he gave them the Holy Spirit," but that "he gave them power": Matthew 10:1. But this seems contrary to what the Lord says in Luke 11:19: "if I cast out devils by Beelzebub, by whom do your children cast them out?" But it is certain that he cast out demons in the Holy Spirit, and the children, that is, the apostles, likewise; whence it is manifest that they had received the Holy Spirit. And therefore it must be said, according to Augustine, that before the resurrection the apostles had the Holy Spirit even as to the gifts of prophecy and of miracles. And this which is said, "as yet the Spirit was not given," must be understood of the abundant giving, and of visible signs, just as it was given to them after the resurrection and ascension in tongues of fire. But since the Holy Spirit sanctifies the Church, and is even now received by the faithful, why does no one speak in the tongues of all nations as then? To this it must be said that this is not necessary, as Augustine says. For already the universal Church speaks in the tongues of the nations, because through the Holy Spirit charity is given; Romans 5:5: "the charity of God is poured forth in our hearts," and this, making all things common, makes each one speak for each. Hence he says: "if you love unity, whatever anyone has in it" (that is, in the Church) "belongs to you also. Take away envy, and what I have is yours: envy separates, charity joins together: have charity, and you will have all things." In the beginning, however, before the Church had spread throughout the world, since there were few, it was fitting that they should speak in the tongues of all, so that in this way they might found the Church among all peoples. Concerning the second, it must be known, according to Augustine, that this which Jesus says, "he had not yet been glorified," must be understood of the glory of the resurrection; as if he were to say: he had not yet risen from the dead, he had not yet ascended into the heavens. Of which it is said, John 17:5: "glorify me, Father." And the reason why he willed to be glorified first, before he gave the Holy Spirit, is assigned, because the Holy Spirit is given to us for this purpose, that he might raise up our hearts from the love of the world into a spiritual resurrection, and that they might run wholly into God. Because, then, he promised eternal life to those fervent with the charity of the Holy Spirit, where we shall not die, where we shall fear nothing — therefore he willed not to give the Holy Spirit himself except once he was glorified, so that in his body he might show forth the life which in the resurrection we hope for. According to Chrysostom, however, this is not understood of the glory of the resurrection, but of the glorification of the passion: of which, with the hour of the passion imminent, the Lord says below, chapter 13:31: "now is the Son of Man glorified." And according to this, the Holy Spirit was then first given when, after the passion, he said to the apostles: "receive the Holy Spirit," etc. Now the reason why the Holy Spirit was not given before the passion is that, since it is a gift, it ought not to have been given to enemies, but to friends. But we were enemies. It was necessary, therefore, that the victim first be offered on the altar of the cross, and the enmity dissolved in the flesh, so that thus, through the death of his Son, we might be reconciled to God, and then, made friends, we might receive the gift of the Holy Spirit, and so on. Having thus set down Christ's invitation to spiritual drink, here the Evangelist consequently treats of the dissension of the crowds; and first is set down the dissension of the crowds among themselves; second, the dissension among the rulers, where it says "the ministers therefore came." Concerning the first he does two things. First are set down the diverse words of those who disagreed; second, the dissension itself is set down, where it says "so there arose a dissension among the people." Now the diversity of the words of the crowds arose from the diversity of the opinions of the crowds concerning Christ, and therefore he sets down three opinions of the crowds: two indeed of those already approaching the spiritual drink, but the third of those drawing back. Now the first opinion was that they said Christ was a prophet; and therefore he says "from that hour therefore," namely when, on the great day of the festivity, he had said such things, "the crowd, when they had heard these his words, said" — that is, those who had already begun to draw that water spiritually — "this is indeed the prophet." They call him not only a prophet, but even the true one, that is, as it were by antonomasia, understanding this to be he of whom Moses had foretold, Deuteronomy 18:15: "God will raise up to you a prophet from your brethren: him you shall hear as me." Another opinion was that certain said "this is the Christ"; for these were approaching the drink more closely, and had laid aside more of the dryness of unbelief. And this Peter also confessed, Matthew 16:16: "you are Christ the Son of the living God." The third opinion is of those who bring forward things contrary to the foregoing. And first they object against the opinion of those saying he is the Christ; second, they confirm the objection by an authority. He says, then, "but some," remaining in the dryness of their unbelief, said: "does the Christ then come out of Galilee?" For they knew that the prophets had not foretold that Christ would come from Galilee; and so, believing him to have been born in Nazareth (for they were ignorant that the place of his birth was Bethlehem), they say this. For it was manifest that he had been raised in Nazareth, but the place of his birth was known to few. Although, however, Scripture does not say that Christ would be born in Galilee, it did foretell that he would first turn aside there. Isaiah 9:1: "at the first time the land of Zabulon and the land of Nephthali was lightly touched: and afterwards it was more grievously afflicted by the way of the sea, beyond the Jordan, in Galilee of the Gentiles. The people that walked in darkness have seen a great light: to them that dwelt in the region of the shadow of death, light is risen." He also foretold that he would come forth from Nazareth. Isaiah 11:1: "a flower shall rise up out of his root," where in the Hebrew it reads: "a Nazarene shall come from the root," and so on. They confirm the objection by the authority of Scripture, when they say: "does not the Scripture say, that Christ comes from the seed of David, and from Bethlehem, the town where David was?" Now that Jesus was to come from the seed of David is said in Jeremiah 23:5: "I will raise up to David a just branch." And in 2 Kings 23:1 it is said of David: "the man to whom it was appointed concerning the Christ of God, said." And that he was to come from Bethlehem is said in Micah 5:1: "and you, Bethlehem, the land of Judah: out of you shall he come forth unto me that is to be the ruler in Israel." Consequently, when he says "so there arose a dissension among the people because of him," first the dissension itself is set down; second, the effort of some of them against Christ; third, the repression of that effort. Now the dissension arose "because of him," namely Christ, "among the people." For it frequently happens that from the manifestation of truth, dissension and disturbance is caused in the hearts of the wicked. Hence this too is said in the person of Christ, Jeremiah 15:10: "woe is me, my mother: why have you borne me a man of strife, a man of contention to the whole earth?" On account of this the Lord said, Matthew 10:34: "I came not to send peace, but the sword." Now the effort, namely of some, was to seize him; hence he says "but some of them," namely those who had said "does the Christ then come out of Galilee?" etc., "would have apprehended him," namely out of enmity, to kill him; Psalm 70:2: "pursue and take him"; Exodus 15:9: "the enemy said: I will pursue and overtake." And yet the good and faithful also wish to apprehend Christ, so that they may enjoy him; Song of Songs 7:8: "I will go up into the palm tree, and will take hold of its fruits." Now the repression of their effort was from the power of Christ; and therefore he says "but no man laid hands upon him," because, namely, Christ did not will it. This was within his own power; below, chapter 10:18: "no man takes my life from me; but I lay it down of myself." Hence also, when he willed to suffer, he did not wait for them, but himself offered himself to them; below, chapter 18:4: "he went forth, and said to them, whom do you seek?" Consequently, when he says "the ministers therefore came to the chief priests and the Pharisees," the dissension of the rulers is set down; and first is set down their dissension with the ministers; second, their dissension among themselves, where it says "Nicodemus said." Concerning the first he does three things. First is set down the rebuke of the rulers to the ministers; second, the testimony borne concerning Christ by the ministers; third, the effort of the rulers to reprehend the ministers. In the first, attend to the iniquity of the rulers, when they say, namely the chief priests and Pharisees, to the ministers, "why have you not brought him?" For they were so evil that the ministers could not satisfy them unless they inflicted harm on Christ; Proverbs 4:16: "sleep is taken away from their eyes, unless they have made someone fall." But here a question arises as to the letter of the text: because, whereas it was said above that the ministers were sent to seize Jesus in the midst of the feast day, that is, on the fourth day, and here their return is set down after the seventh day, when he said "but on the last day," etc., it seems that they were idle for the intervening days. To this there is a twofold answer. One, that the Evangelist anticipated the murmuring of the crowds. Or it may be said that perhaps they returned then, but this is now recalled in order to make manifest the cause of the dissension among the rulers. In the second, attend to the goodness of the ministers in the commendable testimony which they gave concerning Christ, saying: "never did man speak like this man." Here they are rendered commendable on three counts. First, from the cause of their admiration: because they marveled at Christ not on account of miracles, but on account of his teaching, by which they are brought nearer to the truth, and depart from the custom of the Jews, who seek signs, as is said in 1 Corinthians 1:22. Second, from the ease of their conversion: because at a few words of Christ they were captivated, and drawn to love of him. Third, from the security of their soul: because to the Pharisees themselves, who were opposed to Christ, they say such things of Christ: "never did man speak like this man." And this reasonably: because he was not only a man, but also the Word of God; and therefore his words were powerful to move; Jeremiah 23:29: "are not my words as a fire, says the Lord, and as a hammer that breaks the rock in pieces?" And so it is said in Matthew 7:29, that "he was teaching them as one having power." They were also savory, so as to give sweetness; Song of Songs 2:14: "let your voice sound in my ears, for your voice is sweet"; Psalm 118:103: "how sweet are your words to my palate." They were useful for retaining, because they promised eternal goods; above, John 6:69: "Lord, to whom shall we go? You have the words of eternal life"; Isaiah 48:17: "I am the Lord who teaches you profitable things." In the third, attend to the detestable perfidy of the Jews, by which they strive to draw the ministers back from Christ; hence "they answered them," namely the ministers, "are you also seduced?" Here they do three things. First they argue that the ministers are supposedly in error; second, they set forth the example of the rulers; third, they exclude the example of the crowds. Now they argue against them when they say "are you also seduced?" As if to say: we see that you have taken delight in his discourse. And indeed they were laudably seduced, because, having let go the evil of unbelief, they were led to the truth of faith: of which it is said in Jeremiah 20:7: "you have seduced me, O Lord, and I am seduced." Now they set forth the example of the rulers, in order the more to turn them away; hence he says "has any one of the rulers believed in him?" For men are rendered worthy of credence from two things: namely, from authority and from religion. Hence they bring forward these two things against Christ, as if to say: if Christ were to be accepted, certainly the rulers, in whom there is authority, and the Pharisees, in whom religion was apparent, would have accepted him; but none of these has believed in him: therefore neither ought you to believe in him. In these, then, is fulfilled what is said in Psalm 117:22: "the stone which the builders rejected" — namely the rulers and the Pharisees — "the same is become the head of the corner," that is, in the hearts of the peoples. "But this has been done by the Lord": because his goodness outweighs the malice of men. Now they exclude the testimony of the crowd, because they confute their malice; and therefore they say "but this crowd, that knows not the law, are accursed"; and therefore one is not to stand with them. Now this is written, Deuteronomy 27:26: "cursed is he who does not continue in the law, and does not fulfil it in deed." But this they understood wrongly, because even those who do not have knowledge of the law, and yet do the works of the law, remain in the law more than those who have knowledge of the law and do not keep it: of whom it is said in Matthew 15:8: "this people honors me with their lips, but their heart is far from me"; James 1:22: "be doers of the word, and not hearers only." Consequently, when he says "Nicodemus said to them," the dissension of the rulers among themselves is set down; and first is set down Nicodemus's exhortation; second, the contradiction of the rulers, where it says "they answered, and said"; third, the termination of the dissension. Concerning the first he does two things. First he premises certain things about Nicodemus; second he sets down his exhortation. Now he premises three things about him: two of which show the intention of what is said, and the third, the wickedness of the rulers. The first, then, pertains to the faith of Nicodemus; hence he says "he who had come to him said" — that is, who had believed: for to come to Christ and to believe in him are the same thing. The second pertains to the imperfection of his faith, because "he came by night." For if he had believed perfectly, he would not have been afraid. Below, chapter 12:42: "many of the rulers believed in him; but because of the Pharisees they did not confess him, that they might not be cast out of the synagogue" — of whom Nicodemus was one. The third pertains to the falsity of the rulers. For they had said that none of the rulers and Pharisees had believed in Christ, and therefore he says "who was one of them," as if to say: if Nicodemus, who is one of the rulers, believed in him, it is manifest that what the rulers and Pharisees say is false, namely, that none of the rulers believed in him. Jeremiah 16:19: "truly he has spoken a lie." Now Nicodemus's exhortation is set down when he says: "does our law judge any man, unless it first hear him, and know what he does?" For according to civil laws a diligent inquiry ought to precede a sentence. Hence it is said in Acts 25:16: "it is not the custom of the Romans to condemn any man, before he who is accused has his accusers present, and has liberty to make his answer, to clear himself of the things laid to his charge." Hence Job 29:16: "the cause which I knew not, I searched out diligently." On this account it is said in the law of Moses, Exodus 23:7: "you shall not condemn the innocent and the just: for I abhor the wicked." Now he says these words for this reason, that, since he was a believer, he wished to convert them to Christ. Yet because he was timid, he did this covertly. For he believed that, if only they would consent to hear Christ, the word of Christ was of such efficacy that perhaps they too would become like those who had been sent to Jesus, and who, converted by his words, ended up doing the very thing for which they had been sent. The contradiction of the rulers is set down when he says "they answered, and said to him," etc. Here first they charge him as being, as it were, seduced; second, as ignorant of the law. As to the first they say "are you also a Galilean?" — that is, seduced by a Galilean. For they reckoned Christ to be a Galilean from his manner of life in Galilee; and therefore all who confessed Christ they call Galileans, as it were in reproach; Matthew 26:69: "the maidservant answered Peter: you also are a Galilean." Below, chapter 9:27: "will you also become his disciples?" As to the second they say "search the Scriptures, and see, that out of Galilee a prophet does not arise" — although he was a teacher of the law, and had no need to search anew. As if to say: although you are a teacher, yet you are ignorant of this — just as was said above, chapter 3:10: "are you a master in Israel, and know not these things?" Although, however, it is not had expressly in the Scripture of the Old Testament that a prophet should arise from Galilee, this nevertheless is had, that from there the Lord of the prophets should come forth, according to that of Isaiah 11:1: "a flower" — that is, a Nazarene — "shall rise up out of his root, and the spirit of the Lord shall rest upon him." But the termination of the dissension is shown to be fruitless; hence he says "and every man returned," as if the business were unfinished, "to his own house" — that is, to their own affairs — empty of faith, and cheated of their evil desire. Job 5:13: "he brings to nought the counsel of the wicked"; Psalm 32:10: "the Lord rejects the counsels of princes, and scatters the thoughts of the peoples." Or, "to his own house," that is, into the malice of his unbelief and impiety; Apocalypse 2:13: "I know where you dwell, where the seat of Satan is: and you hold fast my name, and have not denied my faith."”

“And every man went unto his own house. The officers not bringing Jesus with them, and the sanhedrim being posed with Nicodemus, broke up without doing any business, and every member of it went home: this we may suppose was about the time of the evening sacrifice: for "the great sanhedrim sat from the time of the morning daily sacrifice, to the time of the evening daily sacrifice (b):'' and it is said (c), that "after the evening daily sacrifice, the sanhedrim went, "to their own houses";'' as they now did, and not to their booths, the feast of tabernacles being now over. (b) Maimon. Hilchot Sanhedrin, c. 3. sect. 1. (c) Piske Tosephot Sanhedrin, art. 35. Next: John Chapter 8”