The crime of treason is defined by Article 39 of the Constitution of Ireland, adopted in 1937, which states: History to 1937 Before the 1921 treaty that led to the creation of the Irish Free State (Saorstát Éireann), treason was governed under the laws of the United Kingdom of Great Britain and Ireland. Many historical Irish nationalist insurgents executed for high treason against the Crown of the United Kingdom or of the earlier Kingdom of Ireland are considered heroes in independent Ireland. Section 1(1) of the Treasonable Offences Act 1925 (enacted under the 1922 Constitution) defined treason as: (a) levying war against Saorstát Éireann, or (b) assisting any state or person engaged in levying war against Saorstát Éireann, or (c) conspiring with any person (other than his or her wife or husband) or inciting any person to levy war against Saorstát Éireann, or (d) attempting or taking part or being concerned in an attempt to overthrow by force of arms or other violent means the Government of Saorstát Éireann as established by or under the Constitution, or (e) conspiring with any person (other than his or her wife or husband) or inciting any person to make or to take part or be concerned in any such attempt. The maximum punishment was death. The Act also defined the offences of misprision of treason and of encouraging, harbouring, or comforting any person engaged in levying Saorstát Éireann or engaged, taking part, or concerned in any attempt to overthrow by force of arms or other violent means the Government of Saorstát Éireann as established by or under the Constitution of 1922. The Treasonable Offences Act 1925 was the first comprehensive and permanent measure designed to deal with offences against the state. Section 3 reenacted portions of the Treason Felony Act 1848, while sections 4 and 5 dealt, respectively, with the usurpation of executive authority and assemblies pretending to parliamentary functions. Section 6 prohibited the formation of pretended military or police forces and section 7 proscribed unauthorised drilling. The Irish Civil War had been fought in 1922–23 between the Free State Army and the "Irregulars" of the Irish Republican Army (IRA) loyal to the Irish Republic proclaimed in 1919. The republicans continued to refuse to recognise the Free State and its successor state. A large minority of the populace had some sympathy with their views, such that the state demurred from prosecuting them for