E.C. Marchant, Commentary on Thucydides Book 1

77. 11. καὶ ἐλασσούμενοι γάρ—an ex. to show how Athens got a bad name as the result of her moderation. ‘For though in suits arising out of contracts against our allies we are at a disadvantage and in our own city have instituted courts for these cases under equal laws (i.e. laws under which they and we are treated alike), we are considered litigious.’ ξυμβόλαιαι δ. is probably from ξυμβόλαιον, a contract, and not from ξύμβολον, a treaty, δίκαι ἀπὸ συμβόλων were suits arising out of international treaties; but (1) it is not clear that Athens had such σύμβολα with the ὑπήκοοι, and (2) it is most improbable that in all such suits an Athenian had to sue in the courts of the subject state. It is known that δίκαι ἀπὸ συμβόλων were tried in the court of the defendant's state. If we assume that δίκαι ἐμπορικαί, commercial suits, which were tried in the state in which the contract was made, are referred to, the passage becomes clear. An Athenian litigant in the courts of the ὑπήκοοι is in an unfavourable position, whereas ὑπήκοοι in the courts at Athens are treated exactly like Athenians. Some think that ποιήσαντες τὰς κρίσεις refers to the compulsory jurisdiction at Athens in certain criminal cases, when a subject ally was involved. But even when both parties were ὑπήκοοι such cases were tried at Athens, whereas Thuc. is speaking only of cases in which one party was an Athenian: so supply ἐν ταῖς ... δίκαις in the second clause. In these latter cases the allies considered that they were badly treated. ([Xen.] Ath. Pol. 1.16 τοὺς μὲν τοῦ δήμου σῴζουσι, τοὺς δ᾽ ἐναντίους ἀπολλύουσιν ἐν τοῖς δικαστηρίοις. On the difficulties surrounding the judicial arrangements of the Athenian League see Holm, Hist. of Greece 2.217, Engl. Transl.)

13. ὁμοίοις—contrast with ἐλασσούμενοι. κρίσιν ποιεῖν = institute a trial.

[2] 18. διότι—why. The reason why others in our position do not go to law is that they use force. Mr. Forbes points out that the Persians, Scythians, and Carthaginians are instanced as ruling powers by Socrates in Xen. Mem. 1.1.11.

[3] 19. οἱ δέ—but they.

21. παρὰ τὸ μὴ οἴεσθαι χρῆναι —μή with χ., contrary to their opinion that it is wrong that they should be deprived.

ἢ γνώμῃ ἢ κτλ.—either by a decision (in our courts) or through the power we enjoy on account of our Empire. This passage refers not only to defeats of allies in the Athenian courts, but to cnrtailments of their rights (δυνάμει κτλ.).

24. τοῦ ἐνδεοῦς—at their (slight) inferiority. The gen. after χαλεπῶς φέρειν as in 2.62. 3 probably, unless στερισκόμενοι is to be supplied.

25. ἀπὸ πρώτης—cf. c. 15. 3. Perhaps ὁρμῆς or ἀρχῆς originally completed the phrase.

τὸν νόμον—law in general.

[4] 3. βιαζόμενοι—pass. as often in Thuc. and trag.

τὸ μὲν κτλ.—the one (τὸ ἀδικεῖσθαι) seems to be an act of over-reaching where both are equal, the other an act of compulsion where one is stronger. The infins. are impersonal. ἴσου and κρείσσονος are neut.

[5] 8. εἰκότως belongs only to ἡ δὲ ἡμετέρα κτλ., and is added as an afterthought, the general sense being: ‘It is inconsistent that they should chafe at our empire when they endured worse from the Persians, but it is not strange; for’ etc. The Persian power too was βαρύ, but they had to put up with that.

[6] 9. γ᾽ ἂν οὖν—c. 76. 4.

10. ἄρξαιτε—ingressive, ‘gain an empire.’

11. εὔνοιαν—good-will, which at present they enjoyed as professed ‘liberators’ (2.9. 4).

ἡμέτερον—c. 33. 3

12. οἷα ... ὁμοῖα—measures like those of which you gave some examples. δι᾽ ὀλίγου, for a short time. For the conduct of the Spartans as leaders, esp. for the hatred excited by Pausanias, see cc. 94 f.

14. γνώσεσθε—are going to adopt.

15. ἄμεικτα ... τοῖς ἄλλοις—i.e. τοῖς τῶν ἄλλων ν. For νόμιμα see c. 71. 5.

17 ἐξιών—when he goes abroad Xen. Lac. Pol. also speaks of the change for the worse in the Spartan when he left home to assume a command.

οἷς with νομίζει = χρῆται, an Ionic use.

19. οὐ βραχέων—no trifling matters.