Matthew Poole and continuators on Deuteronomy 17:8

8 If there arise a matter too hard for thee in judgment, between blood and blood , between plea and plea , and between stroke and stroke , being matters of controversie within thy gates: then shalt thou arise, and get thee up into the place which the LORD thy God shall chuse :

He speaks to the inferiour Magistrates, who were erected in several Cities, as appears by the opposition of these to them at Ierusalem. If, faith he, that thou hast not skill or confidence to determine so weighty and difficult a cause.

(i. e.) In capital causes in matter of bloodshed, whether it be wilful or casual murder, whether punishable or pardonable by those laws, Exod. 21. 13, 20, 22, 28. and 22. 2. Numb. 35. 11, 16, 19. Deut. 19. 4, 10.

In civil causes or suits between plaintifs and defendants about words or Estates.

(i. e.) Either 1. In Ceremonial causes, between plague and plague, between the true leprosie, which is oft times called the plague, and the seeming and counterfeit leprosie; which was oft times hard to determine. And under this, as the most eminent of the kind, may seem to be contained all ceremonial uncleannesses. But this seems not probable. 1. Because the final determination of the matter of leprosie is manifestly left to any particular Priest, Levit. 13. and 14. 2. because the person suspected of leprosie was not to be brought to Ierusalem, to be tryed there, but was to be shut up in his own city and house, Levit. 13. 4, 5. and the Judges at Ierusalem neither could nor would determine his case without once seeing the person. 3. Because the case of leprosy was not hard or difficult, as those causes are said to be, but plain and evident, and so particularly and punctually described, that the Priest needed onely eyes to decide it. Or rather, 2. In Criminal Causes, concerning blows, or wounds inflicted by one man upon another, and to be requited to him by the sentence of the Magistrate according to that law, Exod. 21. 23, 24, 25. wherein there might be many cases of great difficulty and doubt, about which see the Annotations there.

(i. e.) Such things or matters of blood and pleas and strokes being doubtful, and the Magistrates divided in their opinions about it, for if it was a clear cause, this was not to be done. Some make this an additional clause to comprehend these and all other things thus, as if he had said, and in general, any words or matters of strifes or contentions.

To wit, to set up his Worship and Tabernacle, or Temple there; because there was the abode, both of their Sanhedrim, or chief Councel, which was constituted of Priests and civil Magistrates, who were most able to determine all controversies, and of the High-Priests, who were to consult God by Urim, Numb. 27. 21. in great matters, which could not be decided otherwise.

Marginal references: Jer. 32. 27. 2 Chro. 19. 10.; Heb. If a matter be bidden from thee. chap. 30. 11. 2 Sam. 13. 2.