4 But it is also a worthy subject of inquiry, whether those who met the words they heard with contempt, and even with opposition, and that not merely by contradicting them, but also by persecuting in their hatred those from whom they heard them, are to be reckoned among those in regard to whom the words, “they shall be judged by the law,” convey somewhat of a milder sound. But if it is one thing to perish without the law, and another to be judged by the law; and the former is the heavier, the latter the lighter punishment: such, without a doubt, are not to have their place assigned in that lighter measure of punishment; for, so far from sinning in the law, they utterly refused to accept the law of Christ, and, as far as in them lay, would have had it altogether annihilated.
But those that sin in the law, are such as are in the law, that is, who accept it, and confess that it is holy, and the commandment holy, and just, and good; but fail through infirmity in fulfilling what they cannot doubt is most righteously enjoined therein. These are they in regard to whose fate there may perhaps be some distinction made from the perdition of those who are without the law: and yet if the apostle's words, “they shall be judged by the law,” are to be understood as meaning, they shall not perish, what a wonder if it were so!
For his discourse was not about infidels and believers to lead him to say so, but about Gentiles and Jews, both of whom, certainly, if they find not salvation in that Saviour who came to seek that which was lost, shall doubtless become the prey of perdition; although it may be said that some shall perish in a more terrible, others in a more mitigated sense; in other words, that some shall suffer a heavier, and others a lighter penalty in their perdition. For he is rightly said to perish as regards God, whoever is separated by punishment from that blessedness which He bestows on His saints, and the diversity of punishments is as great as the diversity of sins; but the mode thereof is accounted too deep by divine wisdom for human guessing to scrutinize or express.
At all events, those to whom Christ came, and to whom He spoke, have not, for their great sin of unbelief, any such excuse as may enable them to say, We saw not, we heard not: whether it be that such an excuse would not be sustained by Him whose judg ments are unsearchable, or whether it would, and that, if not for their entire deliverance from damnation, at least for its partial alleviation.
Source: Tractates on the Gospel of John (New Advent)