Days of Grace

Days of Grace

Introduction to Days of Grace

Days of Grace, in mercantile law, a time allowance, usually three days, during which payment may be made although the time of payment has expired. In the United States the uniform Negotiable Instruments Law, which has been adopted by all the states and territories, abolishes days of grace. Section 85 provides that ‘every negotiable instrument is payable at the time fixed therein without grace.’ However, Massachusetts, New Hampshire, North Carolina, and Rhode Island, in adopting the law, amended the section by adding that ‘three days of grace shall be allowed upon a draft or bill of exchange made payable within the state at sight unless there is an express stipulation to the contrary.’” (1)

Meaning of Grace in Law, in General

It is in the (…) general sense of “favour bestowed” that the word has its most important connotations. In this sense it means something given by superior authority as a concession made of favour and goodwill, not as an obligation or of right. Thus, a concession may be made by a sovereign or other public authority “by way of grace.” Previous to the Revolution of 1688 such concessions on the part of the crown were known in constitutional law as “Graces.” “Letters of Grace” (gratiae, gratiosa rescripta) is the name given to papal rescripts granting special privileges, indulgences, exemptions and the like. In the language of the universities the word still survives in a shadow of this sense.

The word “grace” was originally a dispensation granted by the congregation of the university, or by one of the faculties, from some statutable conditions required for a degree. In the English universities these conditions ceased to be enforced, and the “grace” thus became an essential preliminary to any degree; so that the word has acquired the meaning of:

  • the licence granted by congregation to take a degree,
  • other decrees of the governing body (originally dispensations from statutes), all such degrees being called “graces” at Cambridge,
  • the permission which a candidate for a degree must obtain from his college or hall.

To this general sense of exceptional favour belong the uses of the word in such phrases as “do me this grace,” “to be in some one’s good graces” and certain meanings of “the grace of God.” The style “by the grace of God,” borne by the king of Great Britain and Ireland among other sovereigns, though, as implying the principle of “legitimacy,” it has been since the Revolution sometimes qualified on the continent by the addition of “and the will of the people,” means in effect no more than the “by Divine Providence,” which is the style borne by archbishops. To the same general sense of exceptional favour belong the phrases implying the concession of a right to delay in fulfilling certain obligations, e.g. “a fortnight’s grace.” In law the “days of grace” are the period allowed for the payment of a bill of exchange, after the term for which it has been drawn (in England three days), or for the payment of an insurance premium, etc.

In religious language the “Day of Grace” is the period still open to the sinner in which to repent. In the sense of clemency or mercy, too, “grace” is still, though rarely used: “an Act of Grace” is a formal pardon or a free and general pardon granted by act of parliament. Since to grant favours is the prerogative of the great, “Your Grace,” “His Grace,” etc., became dutiful paraphrases for the simple “you” and “he.” Formerly used in the royal address (“the King’s Grace,” etc.), the style is in England now confined to dukes and archbishops, though the style of “his most gracious majesty” is still used. In Germany the equivalent, Euer Gnaden, is the style of princes who are not Durchlaucht (i.e. Serene Highness), and is often used as a polite address to any superior.

(…)It is also used of the Gospel generally, as opposed to the Law (John i. 17; Rom. vi. 14; 1 Pet. v. 12, &c.); connected with this is the use of the term “year of grace” for a year of the Christian era. (2)

Days of Grace

Embracing mainstream international law, this section on days of grace explores the context, history and effect of the area of the law covered here.

Days of Grace

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See Also

  • Days of grace
  • Grace period

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Further Reading

  • The entry “days of grace” in the Parry and Grant Encyclopaedic Dictionary of International Law (currently, the Encyclopaedic Dictionary of International Law, 2009), Oxford University Press

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Notes and References

  1. Information about Days of Grace in the Encarta Online Encyclopedia
  2. Encyclopedia Britannica (1911)

Guide to Days of Grace


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