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Frank Russell, 2nd Earl Russell

John Francis Stanley Russell, 2nd Earl Russell, known as Frank Russell (12 August 1865 – 3 March 1931), was a British nobleman, barrister and politician, the elder brother of the philosopher Bertrand Russell, and the grandson of John Russell, 1st Earl Russell, who was twice prime minister of Britain. The elder son of Viscount and Viscountess Amberley, Russell became well-known for his marital woes, and was convicted of bigamy before the House of Lords in 1901, the last peer to be convicted of an offence in a trial by the Lords before that privilege of peerage was abolished in 1948.

The Earl Russell

George V

Ramsay MacDonald

John Francis Stanley Russell

(1865-08-12)12 August 1865
Nether Alderley, Cheshire, England

3 March 1931(1931-03-03) (aged 65)
Marseilles, France

  • Mabel Edith Scott
    (divorced)
  • Marion Somerville (née Cooke)
    (divorced)
  • (separated)

Russell was raised by his paternal grandparents after his unconventional parents both died young. He was discontented living with his grandparents, but enjoyed four happy years at Winchester College. His academic education came to a sudden end when he was sent down from Balliol College, Oxford, probably because authorities there had suspicions concerning the nature of his relationship with the future poet Lionel Johnson, and he always bitterly resented his treatment by Oxford. After spending time in the United States, he married the first of his three wives, Mabel Edith Scott, in 1890. The two quickly separated, and the next several years saw acrimonious litigation in the courts, but the restrictive English laws of the time meant there was no divorce. Russell was elected to the London County Council in 1895, and served there until 1904. In 1899, he accompanied the woman who would become his second wife, Mollie Somerville, to Nevada, where each obtained a divorce, and they married, then returned to Britain to live as husband and wife. Russell was the first celebrity to get a Nevada divorce, but it was not recognised by English law, and in June 1901, he was arrested for bigamy. He pleaded guilty before the House of Lords, and served three months in Holloway, afterwards marrying Mollie according to English law. He gained a free pardon for the offence in 1911.


Beginning in 1902 Russell campaigned for divorce law reform, using his hereditary seat as a peer in the House of Lords to advocate this, but had little success. He was also a campaigner for motorists' rights, often taking briefs to defend them after being called to the bar in 1905, and at one time had the registration number plate A 1. His second marriage ended after he fell in love with the novelist Elizabeth von Arnim in 1914, and he married von Arnim in 1916. The couple soon separated, though they did not divorce, and Elizabeth caricatured him in her novel Vera, to his anger. Frank Russell aided his brother Bertrand when he was imprisoned for anti-war activities in 1918. Increasingly aligned with the Labour Party, Russell was given junior office in the second MacDonald government in 1929, but his ministerial career was cut short by his death in 1931. Despite his achievements, Frank Russell is obscure compared to his brother and grandfather, and his marital difficulties led to his being dubbed the "Wicked Earl".

First marriage[edit]

Although Russell was not wealthy by the standards of British nobility, what he did have, including his title, was enough to make him the target of parents seeking suitable matches for their daughters. Among these were Maria Selina (Lina) Elizabeth, Lady Scott,[b] who sought a suitable match for her daughter, Mabel Edith Scott, and called on Russell in 1889. Santayana recalled that Russell was at first more interested in Selina Scott, a divorcée, than her daughter[39] and theorised that the fact that Russell's mother died when he was a child allowed Lady Scott to overwhelm Russell and persuade him that the way to perpetuate their friendship was for him to marry her daughter.[40]


Frank and Mabel Russell married on 6 February 1890. Three months later, the two separated, Mabel alleging physical and mental cruelty.[41] Santayana later wrote, "Russell as a husband, Russell in the domestic sphere, was simply impossible: excessively virtuous and incredibly tyrannical. He didn't allow her enough money or enough liberty. He was punctilious and unforgiving about hours, about truth-telling, about debts. He objected to her friends, her clothes, and borrowed jewels. Moreover, in their intimate relations he was exacting and annoying. She soon hated and feared him."[42]


Late in 1890, Mabel sued unsuccessfully to judicially separate from him, accusing him in the process of "immoral behaviour" with another university friend, Herbert Roberts, head mathematics tutor at Bath College.[41] The allegations of the trial filled the newspapers.[43] and a jury found in Frank Russell's favour.[44] At the time, the only valid ground for divorce was adultery, although a woman alleging it would also have to show some other offence, such as desertion. With the approval of their families, Frank and Mabel Russell continued to live apart, a tacitly agreed relationship that meant Mabel was unlikely to be able to show desertion.[45] Although there were fitful efforts at reconciliation thereafter, the parties remained apart. In 1892, Russell opened his own firm of electrical engineers, Russell & Co. He began to be seen more in the House of Lords, in September 1893 being one of forty peers who supported the unsuccessful Irish Home Rule bill.[46] Despite the lull in the Russell matrimonial litigation, detectives were active for both sides, hoping to find evidence of adultery which would allow their employer advantage in the courts.[47] By 1894, Frank Russell, as he told his brother Bertrand, was three years into an affair with Mary Morris, a clerk at his electrical works.[48]


Having failed to convince the jury, Mabel subsequently attempted to obtain a separation by indirect means, suing for restitution of conjugal rights in 1894. Under the Matrimonial Causes Act 1884, failure to comply with an order of restitution of conjugal rights served to establish desertion, which gave the other spouse the right to an immediate decree of judicial separation, and, if coupled with the husband's adultery, allowed the wife to obtain a divorce. Such an action also allowed a petitioning wife to seek an allowance. In general, at the time in England, divorces were available only when the petitioning spouse had not offended against the marriage and the other spouse had.[49] The earl countersued on the ground that her accusations since 1891 amounted to legal cruelty. A jury found for Frank Russell in both cases in 1895, but Mabel appealed and the verdict was overturned in the Court of Appeal. The case went all the way to the House of Lords, and the Law Lords affirmed the appeals court decision.[44] This denied them both satisfaction, binding the definition of legal cruelty to physical violence and making Russell v. Russell a case of legal significance for the next seventy years,[c] until divorce law reform eliminated cruelty as a statutory ground for divorce.[50] Another trial took place in 1897 after Lady Scott published accusations against Russell; she was convicted of criminal libel and sentenced to eight months in prison, but Russell was hissed at by the crowds surrounding the Old Bailey after the sentencing, and called the "Wicked Earl".[51]


The Local Government Act 1894 created district and parish councils. In December of that year Russell successfully stood for Cookham Parish Council, and was made chairman, and ex officio a guardian of the poor. He worked to change outdated practices in the workhouse, and to see that roads and rights of way were maintained. In February 1895, he was elected to London County Council (LCC) for Newington West as a Progressive. He aligned himself with the left, joining the Reform Club in 1894, a bastion of Liberalism.[52] He stood unsuccessfully for Hammersmith at the next election, in March 1898, but was made an alderman, continuing him on the LCC,[53] where he remained through 1904.[54]

Third marriage; First World War years[edit]

In 1909 Russell met the woman who would become his third wife, the novelist Elizabeth von Arnim (née Mary Annette Beauchamp), widow of Count Henning August von Arnim-Schlagenthin, by whom she had five children. The widowed von Arnim had an affair with H. G. Wells, and ended her relationship with Wells after learning that he had another lover. At the same time, Frank and Mollie Russell had quarrelled and were growing apart, and he and Elizabeth von Arnim moved in the same literary circles. They fell in love in a visit he paid her, without Mollie, over the New Year of 1914.[91] Mollie Russell petitioned for restoration of conjugal rights but once convinced Frank would not return, accepted an allowance for life, which Bertrand continued to pay after Frank's death in 1931, permitting her to live a life of leisure. In exchange, she sued for divorce on the grounds of desertion and adultery, and the suit was not contested.[92]


Frank and Elizabeth Russell married on 11 February 1916.[93] The marriage failed quickly and acrimoniously, and she fled for America after only six months of marriage, Frank's temper being a major factor. Like each of Frank Russell's marriages, there were no children born of it. It has been suggested that the earl was addicted to cocaine, though Derham found this to be unlikely and contended that the addiction which helped destroy the marriage was Frank's love of gambling at bridge.[94] Two weeks before his death in 1931 Frank Russell wrote to Santayana that he had received two great shocks in his life, when Jowett sent him down from Oxford, and "when Elizabeth left me I went completely dead and have never come alive again."[95] An attempted reconciliation failed in 1919.[93] They never divorced. Von Arnim famously caricatured Russell in her 1921 novel Vera, a depiction that greatly angered him, and when Elizabeth heard of her husband's death in 1931 she said she was "never happier in her life".[96]


Russell had continued to take liberal stances in the House of Lords, strongly supporting the Parliament Act 1911, which diminished its powers, and in December 1912 joined the Fabian Society, the first peer to do so. Nevertheless, he did not align himself with the fledgling Labour Party, and in January 1913, decried the "dangerous immunity" of trade unions.[97] Russell supported British involvement in the First World War once it started, but sympathised with his brother Bertrand's anti-war views. Both opposed conscription, and Frank was one of only two peers to speak in opposition in the Lords when Asquith brought in conscription in 1916.[97]


Bertrand's anti-war activities were considerable, despite Frank urging caution on him; he was successfully prosecuted under the Defence of the Realm Act, banned from areas of the country, sacked from his position as lecturer at Trinity College, Cambridge, and denied a passport to go to America to take up a position at Harvard.[98] By late 1917, though, Bertrand had become disillusioned with his cause and Frank met with General George Cockerill of the War Office, resulting in agreement within the government on 17 January 1918 that the banning order should be lifted. The same day, though, Bertrand published an article, "The German Peace Offer" in The Tribunal, causing the government to rescind the agreement, and in February he was prosecuted and sentenced to six months in prison, a sentence he began in May after an appeal failed. He was allowed, though, to serve his sentence at Brixton Prison, with greater privileges than the magistrate would have given him. In a 1959 BBC interview Bertrand attributed this to Frank's influence over the home secretary, Sir George Cave, though Bertrand's biographer, Ray Monk, believed that Bertrand was confusing the efforts to get him these privileges with Frank's later efforts to secure a remission,[99] which bore fruit when Bertrand was released six weeks early.[100] While Bertrand was in prison, Frank visited him, and with Bertrand limited to one outgoing letter per week, received lengthy letters from his brother containing messages to be given to other people.[101]

Lay Sermons (1902)

Divorce (1912)

Some Winchester Letters of Lionel Johnson (1919)

My Life and Adventures (1923)

(1908). The Law and Custom of the Constitution (Third ed.). Oxford: The Clarendon Press. {{cite book}}: |work= ignored (help)

Anson, Sir William R.

(1909). The Law and Custom of the Constitution (Fourth ed.). Oxford: The Clarendon Press. {{cite book}}: |work= ignored (help)

Anson, Sir William R.

Bartrip, Peter (Winter 2012). . Russell: The Journal of Bertrand Russell Studies. 32 (2): 101–126. doi:10.15173/russell.v32i2.2229. S2CID 144279567.

"A Talent to Alienate: The 2nd Earl (Frank) Russell (1865–1931)"

Derham, Ruth (Winter 2017). . Russell: The Journal of Bertrand Russell Studies. 37 (2): 271–286. doi:10.15173/russell.v37i2.3415. S2CID 149144448.

"'A Very Improper Friend': the influence of Jowett and Oxford on Frank Russell"

Derham, Ruth (2021). Bertrand's Brother: The Marriages, Morals and Misdemeanours of Frank, 2nd Earl Russell. Stroud, Gloucestershire: Amberley.  978-1-3981-0284-2.

ISBN

Harpster, Jack (Summer 2014). (PDF). Nevada in the West: 8–10.

"The Strange but True Story of the Nobleman, the Cobbler's Daughter, and the Scandal over an Early Nevada Divorce"

Holmes, Ann Sumner (1999). "'Don't Frighten the Horses': the Russell Divorce Case". In Robb, George; Erber, Nancy (eds.). Disorder in the Court: Trials and Sexual Conflict at the Turn of the Century. London: Macmillan. pp. 140–163.  978-1-349-40573-2.

ISBN

House of Lords (1901). . Vol. 133. London: Eyre and Spottiswoode.

Journals of the House of Lords

Lovell, Colin Rhys (October 1949). "The Trial of Peers in Great Britain". The American Historical Review. 55 (1): 69–81. :10.2307/1841088. JSTOR 1841088.

doi

Monk, Ray (1996). Bertrand Russell: the Spirit of Solitude, 1872–1921. New York: Simon & Schuster.  978-0-684-82802-2.

ISBN

Russell, Earl (1923). . London: Cassell & Co.

My Life and Adventures

(1945). The Middle Span. New York: Charles Scribner's Sons.

Santayana, George

Savage, Gail (Summer 1996). . Russell: The Journal of Bertrand Russell Studies. 16 (1): 67–84. doi:10.15173/russell.v16i1.1893. S2CID 142446950.

""... Equality From the Masculine Point of View ...": The 2nd Earl Russell and Divorce Law Reform in England"

Watson, Ian (Summer 2003). (PDF). Russell: The Journal of Bertrand Russell Studies. 23 (1): 65–68. doi:10.15173/russell.v23i1.2039. S2CID 169378393.

"Mollie, Countess Russell"

Anonymous. . Archived from the original on 2007-08-19. This university website has portraits of the 2nd Earl Russell and describes him as "already quite uncontrollable, as later demonstrated by his marital and financial turbulence" when he came to live with his grandparents.

"Russell's parents and grandparents"

Derham, Ruth (2021). . Russell: The Journal of Bertrand Russell Studies. 41: 62–76. doi:10.1353/rss.2021.0005.

"Frank Russell's Diverse Writing and Speaking Career: A Bibliographical Guide"

Derham, Ruth (2020). . Russell: The Journal of Bertrand Russell Studies. 40: 43–51.

"Bible Studies: Frank Russell and the Book of Books"

Derham, Ruth (2018). . Overheard in Seville. 36: 12–25. doi:10.5840/santayana201836363.

"Ideal Sympathy: The Unlikely Friendship of George Santayana and Frank, 2nd Earl Russell"

Furneaux, Rupert (1959). Tried by their Peers. London: Cassell. Two chapters are devoted to trials for bigamy, that of , Duchess of Kingston, and that of the 2nd Earl Russell.

Elizabeth Chudleigh