E.C. Marchant, Commentary on Thucydides Book 1

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.