Quintilian Institutio Oratoria 6.2.9

[9] Both parties as a general rule may likewise employ the appeal to the emotions, but they will appeal to different emotions and the defender will employ such appeals with greater frequency and fulness. For the accuser has to rouse the judge, while the defender has to soften him. Still even the accuser will sometimes make his audience weep by the pity excited for the man whose wrongs he seeks to avenge, while the defendant will at times develop no small vehemence when he complains of the injustice of the calumny or conspiracy of which he is the victim. It will therefore be best to treat these duties separately: as I have already said, ¹ they are much the same in the peroration as in the exordium, but are freer and wider in scope in the former.