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Perhaps. On the other hand, it applies to marriage also in the sense of the contract, not just the sacrament. It may be a principle of reason.

But regardless, I strongly object to the idea that we can't know pertinacity but we can know objective intention. This seems arbitrary to me.

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I have read a few commentaries on heresy, which all revolve around the idea that "pertinacity" is clearly present when one persists in their heresy. You can tell one is pertinatious because they continue in their heresy. It's not really that hard.

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