From 1642 to 1660, during the years of the Civil War and
Commonwealth, the theatres were formally closed. Actors performed clandestinely when they could, though they were repeatedly harassed, arrested, imprisoned, and generally persecuted by the authorities. Legal documents once again throw light upon the careers of Baxter and his fellow actors in these years. Baxter was one of several English actors who performed on the Continent, mainly in
The Hague and
Paris, in the years 1644 and 1645. He was also involved in a 1648 effort to restart the King's Men. In December of that year, Baxter and nine other actors, most of them veterans of the company, signed a contract with an upholsterer named Robert Conway; Conway was to provide financial backing for the group in return for a portion of their income, and the ten would be the sharers or partners in the new version of the old company. This effort produced limited drama but enduring litigation: Conway's heirs sued the actors in 1661, claiming that the 1648 contract granted them a share in the profits of the newly formed
King's Company. In the complainants' interpretation, the King's Company was a continuation of the 1648 group, and Conway's contract applied. The resulting suit has been called "the Baxter suit," since in some documents Baxter is listed first among the involved actors. Baxter himself gave a deposition in the case in 1665, in which he identified himself as being 72 years old at the time. The documents in the case specify that during the years of the theatre closure the actors often could act only in private homes for relatively small sums; and even then they were sometimes arrested and jailed. The authorities used confiscation of the actors' costumes as an effective means of suppression, since a troupe's stock of costumes constituted its main material wealth and financial investment. ==In the Restoration==