But, although by the abolition of the monarchy the constitutional rights of the patrician senate were increased rather than diminished, there yet took place—­and that, according to tradition, immediately on the abolition of the monarchy—­so far as regards other affairs which fell to be discussed in the senate and admitted of a freer treatment, an enlargement of that body, which brought into it plebeians also, and which in its consequences led to a complete remodelling of the whole.  From the earliest times the senate had acted also, although not solely or especially, as a state-council; and, while probably even in the time of the kings it was not regarded as unconstitutional for non-senators in this case to take part in the assembly,(12) it was now arranged that for such discussions there should be associated with the patrician senate (-patres-) a number of non-patricians “added to the roll” (-conscripti-).  This did not at all put them on a footing of equality; the plebeians in the senate did not become senators, but remained members of the equestrian order, were not designated -patres-but were even now -conscripti-, and had no right to the badge of senatorial dignity, the red shoe.(13) Moreover, they not only remained absolutely excluded from the exercise of the magisterial prerogatives belonging to the senate (-auctoritas-), but were obliged, even where the question had reference merely to an advice (-consilium-), to rest content with the privilege of being present in silence while the question was put to the patricians in turn, and of only indicating their opinion by adding to the numbers when the division was taken—­voting with the feet (-pedibus in sententiam ire-, -pedarii-) as the proud nobility expressed it.  Nevertheless, the plebeians found their way through the new constitution not merely to the Forum, but also to the senate-house, and the first and most difficult step towards equality of rights was taken in this quarter also.

Otherwise there was no material change in the arrangements affecting the senate.  Among the patrician members a distinction of rank soon came to be recognized, especially in putting the vote:  those who were proximately designated for the supreme magistracy, or who had already administered it, were entered on the list and were called upon to vote before the rest; and the position of the first of them, the foreman of the senate (-princeps senatus-) soon became a highly coveted place of honour.  The consul in office, on the other hand, no more ranked as a member of senate than did the king, and therefore in taking the votes did not include his own.  The selection of the members—­both of the narrower patrician senate and of those merely added to the roll—­fell to be made by the consuls just as formerly by the kings; but the nature of the case implied that, while the king had still perhaps some measure of regard to the representation of the several clans in the senate, this consideration was of no account so far as concerned