163. Excommunication of the Canon

Lupus threw a stone at the face of Trepidantius, a priest, who, terrified by the imminent blow, fell, and from the fall poured out no small quantity of blood from his nostrils, although the stone did not touch him. Did Lupus incur the excommunication of the Canon?

R. Negatively. For first, Lupus indeed wished to lay violent hands, but in fact did not lay them; for the stone did not touch Trepidantius. But that Trepidantius fell and poured out blood was beyond the intention of Lupus. Besides, there are two opinions on this matter, and consequently the matter is uncertain, and the excommunication is doubtful; and therefore it cannot be affirmed. St. Alph., l. 7, n. 274; D'Annib., Comment. in Const. Apost. Sed., ed. 4, n. 109, note 12.