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
the plebeians, among whom the clan-organization was but imperfectly
developed, and consequently the relation of the senate to that
organization in general fell more and more into abeyance. We have no
information that the electing consuls were restricted from admitting
more than a definite number of plebeians