I was wondering if someone could help me regarding an explanation that Donne writes/preaches in his sermon on the Penitential Psalm 38:3: "our very Laws presume, that if he be alive, he will cry, and if he be not heard cry, conclude him to be born dead" (Sermons 2:78-9).
Does anyone know something about this Law, and where a copy could be found?
I do not know the answer to your qeuestion, but I do know that at last year's MLA (2006) a guy from the University of Alaska gave a paper at one of the Donne sessions about early modern legal definitions of death. (Ernie Sullivan reminded me of this recently.) If you look through the JDS society newsletters you can find out his name and perhaps get in touch with him.
"Our very lawes" makes it sound like a common law issue, but it sounds like a civil/canon notion to me.