Deuteronomy 17:8,9 - Coke's Commentary on the Holy Bible

Ver. 8, 9. If there arise a matter too hard for thee, &c.— Moses now returns to speak of the courts of judgment, which he had ordered to be erected in all their cities when they came into the land of Canaan, chap. Deuteronomy 16:18. These words, therefore, are to be considered as directed to the ordinary judges, who were appointed in every city. The particular number of them seems to have been left to discretion, though we are told, that in later times it was fixed to three in lesser towns, and twenty-three in greater: from these judges there seldom lay an appeal, except in such cases as are here specified. See Lowman's Dissert. chap. 5: Between blood and blood is interpreted by many, of questions respecting bloodshed; whether, for instance, it was wilful, or casual only. Others, however, imagine it to signify contentions which arise from the degrees of consanguinity. Between plea and plea signifies civil causes only. Between stroke and stroke, say some, refers to cases of wounds or strokes inflicted by one man upon another: the Vulgate, however, and other versions, understand it of the leprosy; an interpretation which Houbigant follows, and very strongly contends for. Le Clerc's argument against this sense is, that the cognizance of the leprosy did not belong to the ordinary judges, of whom Moses is here speaking, but to the priests: an argument, says Houbigant, easily refuted; for the priests did not only live where the tabernacle or temple was, but in many cities of the tribes, in which it may be proved, from the 12th verse, they exercised the judicial part of religion. The law itself seems to shew the same thing, which refers the more difficult causes, some to the priests who minister to the Lord, others to the judge who shall then be; i.e. the civil causes were referred to the judge; the religious ones to the priests. The disjunctive particle or, in the 12th verse, proves this. Nothing hinders us, therefore, from understanding נגע negang, rendered stroke, of the leprosy; of which if the priests of particular cities were not able to judge, reference was to be made to the high-priest. In the 9th verse we should read, thou shalt come unto the priests the Levites, or unto the judge: thus understanding the passage with Houbigant, we see a very evident and sufficient reason, why the religious as well as civil magistrate is mentioned. By the priests the Levites is generally understood the supreme court of the nation, the Sanhedrin. Though the priests were not the only persons of whom this high court consisted, yet they are here first mentioned, because they were likely to be the most capable persons to exercise this authority; and, being best qualified, the Sanhedrin was chiefly made up of them. By judge, those supreme judges of the nation are understood, whom God raised up when the Israelites were oppressed by their enemies; such as Gideon, Jephthah, Samuel, &c. Such judges were by their office invested with the highest power, civil as well as military; for, to judge Israel, was to administer justice, as well as to command armies. Moses intimates, ver. 14 that the Hebrew commonwealth was to retain after his death the same form as it had now he was alive: for he himself was the supreme judge, or administrator of justice, to whom the more difficult causes were to be referred; chap. Deuteronomy 1:17. So Joshua was judge after Him, and many others.